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Rubbish Bag Injury At Work Claims Guide

By Stephen Hudson. Last Updated March 2024. This guide will help you if you have experienced a rubbish bag injury at work because your employer acted negligently. Tasks such as taking a rubbish bag out can be hazardous, especially if a workplace does not properly dispose of hazardous materials or sharp instruments. We created this resource to explain what you could do after a rubbish bag accident at work.

Rubbish bag injury at work claims guide

Rubbish bag injury at work claims guide

Please contact Legal Expert today to see if you could claim compensation for a rubbish bag-related injury. A skilled lawyer can work on your case if you have enough evidence to support your claim. Moreover, you can make a No Win No Fee claim, so you won’t have to pay a solicitors fee upfront. Use the contact details below to contact our team.

Select A Section

  1. What Is A Rubbish Bag Injury At Work?
  2. Preventing Accidents In The Workplace
  3. Types Of Rubbish Bag Injury At Work
  4. How To Claim For A Workplace Injury
  5. What Evidence Do I Need When Claiming For A Trip And Fall At Work?
  6. Settlements For A Rubbish Bag Injury At Work
  7. Discuss Your Claim With Our Team

What Is A Rubbish Bag Injury At Work?

Under the Health and Safety at Work etc. Act 1974, employers are responsible for their workers’ health, safety and welfare while at work. Therefore employers should take reasonably practicable steps to manage risks to their employees. Failure to do so is a breach of their duty of care.

Not all injuries in the workplace will be grounds for a claim. In some cases, an accident could occur that your employer could not have seen or prevented.

Some of the things that employers can do to prevent the risk of their workers being injured include:

  • Maintaining good housekeeping by ensuring that clutter (including refuse bags) is cleared away
  • Providing personal protective equipment (PPE) that staff members need to carry out their role safely
  • Providing training to staff so that they can safely carry out their required roles
  • Carry out risk assessments for activities that carry the potential to cause harm

Preventing Accidents In The Workplace

As we have mentioned, employers must follow health and safety legislation to prevent accidents in the workplace. There are several pieces of legislation that could be relevant in these kinds of claims.

The Control of Substances Hazardous to Health Regulations 2002 requires employers to reduce the risk of their workers being harmed by hazardous materials. Exposure to hazardous substances should be avoided wherever possible.

What’s more, The Personal Protective Equipment at Work Regulations 1992 requires employers to supply their workers with protective equipment and clothing that they require in order to do their job safely. Employees disposing of chemicals may require safety goggles, protective gloves or respirators to do so safely. Failure to provide employees with the correct PPE can cause illness or injuries.

If you would like to know whether you could claim for a rubbish bag injury at work, speak with an advisor today. If they feel you have a valid claim, they could connect you with a No Win No Fee solicitor.

Types Of Rubbish Bag Injury At Work

Below, we have included examples of how rubbish bag accidents at work could be caused by negligence.

  • If a rubbish bag splits and a heavy object falls out, the accident could crush a worker’s foot, potentially causing a broken toe or foot injury.
  • A worker can suffer from chemical burns if their employer has disposed of corrosive chemicals improperly.
  • A worker could inhale toxic fumes and become ill if their workplace neglects to dispose of hazardous substances appropriately.
  • If a worker trips and falls over a rubbish bag, they may experience broken bones or soft tissue injuries.
  • Likewise, manual handling accidents caused by heavy objects in rubbish bags can cause back injuries.
  • If a sharp or needlestick injury occurs, the worker may contract a bloodborne disease such as hepatitis.

This is not an exhaustive list of the ways that negligence could lead to a rubbish bag injury at work. If you’d like an advisor to tell you if you could be eligible to claim, get in touch today.

How To Claim For A Workplace Injury

If you were injured at work, you might be eligible to claim compensation. To meet the criteria to claim for an accident at work, you will need to prove that your employer owed you a duty of care and that they breached this, resulting in you sustaining harm.

In some cases, you might be responsible for an accident that left you injured. For example, you may have been given the appropriate PPE to use when disposing of hazardous substances but chose not to wear it. If you sustained a needlestick injury as a result of this, then your employer may not be deemed liable; if this is the case, you’d be unable to claim.

To start a rubbish bag injury claim, you will also need to be within the personal injury claims time limit. The time limit to start a claim is generally three years from the date of the accident or the date you connected negligence with the injuries you sustained.

There can be variations to this time limit, however. To see if one of these exceptions applies to your case, please feel free to call us today. If your case is valid, you could be connected with a No Win No Fee lawyer.

What Evidence Do I Need When Claiming For A Trip And Fall At Work?

When making a personal injury claim for a trip and fall at work caused by a bag of rubbish, you will need evidence that can support your case. Evidence that could support your claim may include the following:

  • Medical records that confirm your injuries and the treatment you received for them.
  • A copy of a report about your trip and fall in the work accident book.
  • Photos of the accident scene at work and your injuries.
  • Any CCTV or other video footage available of your work accident.
  • The contact details of any witnesses that could provide a statement.
  • If you are looking to claim for any financial losses or expenses as special damages, you could also gather evidence of this. Examples may include receipts and payslips.

If a work accident solicitor is supporting your claim, then they could help you with gathering evidence for your case. To find out if you could be eligible to work with one of our solicitors, you can contact our advisors.

Settlements For A Rubbish Bag Injury At Work

If you were injured while at work as a result of employer negligence, you could be entitled to claim. In the event that your case is successful, you can receive up to two heads of claim.

  • Firstly, you will receive general damages in a successful case, which is compensation for the pain and suffering caused by any physical and mental harm you sustained.
  • Secondly, you can receive special damages that recompense you for any costs or losses associated with your injuries.

If you are wondering how much you could claim for your work-related injuries, you could look your injuries up on our table. The table should give you a good indication of what your general damage payout could be. We have used the 16th edition of the Judicial College Guidelines to create the table, which legal professionals use to help them when assigning a value to a claim.

Edit
Type Of Injury Possible Compensation Injury Notes
Kidney Injuries £169,400 to £210,400 Both kidneys are lost or there has been serious and permanent damage to both kidneys.
Kidney Injuries Up to £63,980 The person is left with significant risks of developing infections of the urinary tract.
Kidney Injuries £30,770 to £44,880 One kidney has been lost, whilst the other has not been impacted.
Wrist Injury £47,620 to £59,860 The person has lost the use of their wrist and may need to have surgical treatment.
(i) Moderate Knee Injuries £14,840 to £26,190 Knee injuries which could involve a dislocated joint, cartilage tears or other tears which result in minor instabilities.
(ii) Moderate Knee Injuries Up to £13,740 The person could have suffered twisting injuries, bruising or lacerations.
Modest Foot Injuries Up to £13,740 The person could have experienced straightforward injuries to the foot such as a laceration or fracture.
Moderate Hand Injury £5,720 to £13,280 Penetrating wounds, crush injuries, soft tissue injuries as well as deeper lacerations.
Elbow Injuries Up to £12,590 The bulk of elbow injuries will fall into this category. It may include lacerations.
(iii) Traumatic Injuries To The Digestive System £6,610 to £12,590 Penetrating wounds to the digestive system.

Because every accident claim is different, you may not receive exactly the same amount of compensation as the brackets in the table indicate. So, please call Legal Expert, and our team can accurately value your claim. The compensation table does not include special damage payments.

Special damages can cover costs like:

  • The cost of medical treatment
  • Loss of earnings, including future earnings
  • Home and vehicle adaptations

Other costs could be included as part of a special damages payment. You should provide evidence of special damages to give yourself the best chance of being fully compensated. Evidence could include invoices, receipts or bank statements.

For more information on the process of claiming general and special damages, speak with our team today. If you have a valid rubbish bag injury at work claim, you could be connected with a No Win No Fee lawyer.

Discuss Your Claim With Our Team

You may wish to claim compensation but be reluctant to pay upfront legal fees to fund the services of a solicitor. Paying a solicitor upfront without any guarantee of receiving compensation at the end could pose a financial risk.

For this reason, a No Win No Fee agreement is a popular solution for claimants. When you make a claim with a Conditional Fee Agreement in place, there is generally no solicitors fee to pay upfront or as the claim progresses, and you usually won’t pay your lawyer if the claim fails. A Conditional Fee Agreement is a popular kind of No Win No Fee agreement.

If you are awarded compensation, then your lawyer will deduct a legally-capped success fee from your settlement. This legal limitation entitles you to the majority of the settlement awarded to you.

Please call Legal Expert’s helpline to learn more about the benefits of a No Win No Fee arrangement. Our advisors will be happy to speak to you about your rubbish bag accident at work. If our team believe you are eligible to claim compensation for a rubbish bag injury at work, they can provide you with a skilled personal injury lawyer. Enquire now using the contact information below.

Related Workplace Accident Claims

We have provided these resources, which may be helpful if you were injured in an accident at work.

How Much Compensation Can I Claim For A Knee Injury?

Defective Work Equipment Injury Claims How Much Compensation?

Factory Accident Claims – The Essential Guide

Below, we’ve included some external resources that could help:

Using personal protective equipment (PPE) to control risks at work – an HSE guide

Handling sharps in adult social care – Guidance from the Care Quality Commission

The causes and symptoms of a broken toe – an NHS guide

If you have any more questions about claiming compensation for a rubbish bag injury at work, please contact us now.

Written by Chelache

Edited by Stocks

How Is A Cosmetic Injury Claim Calculated?

By Cat Way. Updated 5th June 2023. In this article, we discuss what you can do if a plastic surgeon or beauty therapist was negligent and performed a procedure that went wrong. You can learn more about starting a cosmetic injury claim and seeking damages for a botched job in our guide below.

How is a cosmetic injury claim calculated guide

How is a cosmetic injury claim calculated guide

Compensation claims must be based on fact. It is not sufficient to ‘feel’ that the doctor or beauty therapist may have delivered substandard care to you. All procedures carry an inherent risk of not going as planned and not every issue can be reasonably blamed on the person treating you. However, mistakes do happen and if you have proof that your cosmetic procedure caused avoidable harm, speak to our team to see how we could help:

  • Call us on 0800 073 8804
  • Email or write to us at Legal Expert
  • Speak to our online advice live support team in the box below

Select A Section

  1. What Is A Negligent Cosmetic Procedure Injury?
  2. Negligent Cosmetic Surgery Procedures
  3. Treatment Of Chemical Burns
  4. Negligence In Beauty Salon Treatments
  5. Cosmetic Injury Claims Calculator
  6. Could I Also Claim Special Damages?
  7. No Win No Fee Cosmetic Injury Claims
  8. Learn More

What Is A Negligent Cosmetic Procedure Injury?

Clinical negligence is when a medically trained physician does not perform within the standards of their profession causing harm that could have been avoided.

Obviously, a procedure such as breast implants, botox or liposuction all carries risks as does any medical surgery needed for treating an injury or illness. For suffering caused by a risk of surgery that was pre-explained, there would be no valid reason to make a claim as medical negligence has not occurred.

However, it is part of the clinician’s duty of care to you as their patient to take every possible precaution. Risks must be fully explained beforehand and the level of treatment must meet minimum standards. Therefore, if your breast implant surgery went wrong as a result of negligence, you could be eligible to make breast implant claims.

The General Medical Council regulates registered doctors. To practice medicine, all doctors must be registered with the GMC. The Medical Act 1983, established the GMC as the statutory body.

Failure to be registered or to deliver the approved standard of care as set by the GMC could mean they are liable for any injury you incurred because of negligence on their part. Furthermore, the British Association of Aesthetic Plastic Surgeons (BAAPS) is an organization committed to educating and advancing surgical skills in this area.

Negligent Cosmetic Surgery Procedures

It’s essential that certain steps are taken before, during and after a client has consented to a cosmetic or plastic surgery procedure. Any relevant medical history has to be considered as past surgeries or treatments may have a bearing on what you are having done. Negligence could start here if the clinician fails to properly assess your suitability for a particular treatment. There are some common cosmetic procedures available:

  • Breast surgery (enlargement / reduction)
  • Laser eye surgery to correct vision
  • Rhinoplasty (nose job)
  • Ear, eye, brow surgery or lifts (facelifts)
  • Tummy tuck
  • Chemical peel and skin treatments
  • Botox and derma filler
  • Breast augmentation (either reduction or enlargement)
  • Penis enlargement surgery

Any of these procedures can go wrong with inexperienced or untrained staff. Breast implants can be the wrong size or material, causing serious illness. Botox injections can paralyse the face if administered incorrectly. A ‘tummy tuck’ or abdominoplasty can injure internal organs. Even the simple act of styling hair can go wrong if the client suffers an allergic reaction.

It is really important that no matter what procedure you are having done, it is done by a qualified, registered practitioner. The standard of care should never fall below what is expected as this can allow for harm that could have been avoided. If this has impacted you, our team can explain how to start a cosmetic injury claim. You may be owed compensation.

Treatment Of Chemical Burns

Chemical burns can be a common problem in both hairdressers and other beauty procedures. They can be caused by allergic reactions or faulty products.

Proper skin tests and consultations should always be conducted before anything potentially hazardous comes into contact with you. There are some common causes of chemical burn incidents:

  • Hair treatments that contain caustic chemicals
  • Suntan products that contain sodium hydroxide
  • Depilatories (hair removal creams) containing sodium hydroxide
  • Hair-styling products also containing hydrogen peroxide
  • Any products containing ammonia

In doing patch tests, professionals who follow these guidelines ensure that you are less likely to suffer a chemical burn. Those who do not are placing you directly at risk. Burn compensation claims against either a beauty salon or a freelance hairdresser may be pursued for harm caused by negligence. Call our team today to find out if you can claim for plastic surgery.

Negligence In Beauty Salon Treatments

Anyone who administers beauty treatments had a duty of care under the Occupiers Liability Act 1957. Whether you will make a medical negligence claim or a personal injury claim will be determined by whether the person who carried out the procedure was medically trained or not.

Procedures such as botox or derma fillers can cause a reaction. A badly handled chemical face peel can cause serious burns on the face of someone when the procedure is carried out wrongly.

To hold a valid claim for cosmetic surgery negligence compensation you would need to provide evidence that proves that the treatment you received was below that of industry standards and that the harm you suffered was caused by this negligence.

Cosmetic Injury Claims Calculator

When you approach the calculation of a cosmetic injury claim, it may not always be obvious what you could claim damages for. Very often you will be invited to an independent medical assessment. Here an expert can then deliver an opinion of the kind of suffering you have been caused and whether this will continue into the future. Your solicitor will refer to a publication called the Judicial College Guidelines to see what award brackets are appropriate. The chart below gives an idea:

Edit
injury severity JCG award bracket notes
Facial disfigurement (a) very severe scarring £29,780 to £97,330 in young claimants where the cosmetic impact is particularly distressing
Facial disfigurement (b) less severe scarring £17,960 to £48,420 substantial scarring and significant emotional damage
Facial disfigurement (c) significant scarring £9,110 to £30,090 worst effects reduced by plastic or cosmetic surgery, with a less debilitating psychological reaction
Facial disfigurement (d) less significant scarring £3,950 to £13,740 one scar that can be camouflaged or very small scars that are easy to live with
Facial disfigurement (e) trivial scarring £1,710 to £3,530 minor effects from which a recovery can be made or no serious impact caused
Post-traumatic stress disorder (PTSD) moderate £8,180 to £23,150 largely recovered from the effects but still disturbed by the experience
Psychiatric damage moderately Severe £19,070 to £54,830 the level of anxiety and stress that could be perhaps caused by an irreversible facial disfigurement

The physical and the emotional effects of plastic surgery that has gone wrong are covered by general damages, as illustrated in the table above. Special damages, the second head of claim you can pursue, covers the financial impact of your injuries. For example, you could claim back the cost of travel expenses to and from hospital appointments, or claim back the cost of any cosmetic aids or devices you may need as a result of your injuries.

There are no guaranteed compensation amounts. These figures only represent potential awards. As an alternative, you can use our compensation calculator, or contact our team of advisors for a free estimation of what your claim may be worth.

Could I Also Claim Special Damages?

Following a successful cosmetic surgery compensation claim, you may also be awarded special damages. This head of claim compensates you for financial losses you experience as a result of your injuries.

For example, if you require time off work to recover from your injuries, this could result in a loss of earnings. Under special damages, you could potentially claim these lost earnings back.

This head of your cosmetic surgery claim could also help you recoup the cost of:

  •   Medications, both prescription and over-the-counter.
  •   Cosmetic aids.
  •   Essential travel.
  •   Childcare

In order to claim under this heading, you will be required to offer proof of your financial losses. Because of this, keeping any relevant bills, receipts, or invoices related to your injuries can be helpful.

To find out if you could be entitled to make a claim for cosmetic surgery or a cosmetic treatment gone wrong, contact our team of advisors today.

No Win No Fee Cosmetic Injury Claims

Suing a beauty clinic or a freelance practitioner may feel like an extreme or daunting step. But it’s important to remember that if your injuries were due to their negligence you have a right to hold those liable responsible for your losses. You can begin a cosmetic injury claim today by working with a personal injury lawyer under a No Win No Fee agreement. What are the benefits of an agreement like this? There are many:

  • No upfront fees payable to your solicitor
  • Nothing to pay the solicitors as the case moves forward
  • No charge from your solicitors if your case fails
  • If your case wins, a small percentage from your settlement pays their fees
  • This is due after you have received the compensation award
  • This amount is capped low by law
  • Your lawyer handles every aspect of the case on your behalf
  • They can understand the legal-jargon
  • And respond to your claim with the attention it deserves

A No Win No Fee agreement means that you can secure the services of a skilled cosmetic surgery solicitor with no upfront or ongoing fees. Provide them with as much detailed information to prove your claim and they can do the rest. Anyone is free to start a claim for themselves, you do not legally need a lawyer to do this. But it makes far more sense to work with a professional who has the skill and expertise to fully evaluate your claim and help you get the maximum award possible.

Contact our advisors and they could run through a quick, no-obligation assessment of your cosmetic injury claim. They can connect you with excellent cosmetic surgery solicitors at no upfront cost today.

Start Your Cosmetic Injury Claim

A cosmetic injury claim may be easier to arrange than you think. As mentioned, solid evidence must underpin your case, but with the right evidence, it can be possible to connect with No Win No Fee cosmetic surgery solicitors to help. At Legal Expert, we endeavor to streamline this process for you and explain how you could access the compensation and justice you deserve right now. Begin your cosmetic surgery negligence claim by:

  • Calling us on 0800 073 8804
  • Emailing or writing to us at Legal Expert
  • Speak to our online advice ‘live support’ team in the box below

For More Helpful Guides:

Written By Waters

Edited By Melissa.

If You Were Hit By A Stolen Car Who Pays For The Damage Caused?

If you have been hit by a stolen car, you may have found the experience distressing. You may have sustained damages to your vehicle and suffered injuries as a result of the accident. Therefore, you may wish to claim compensation for any damages caused.

It is possible to claim compensation if you were hit by a stolen vehicle and caused injuries. However, the claims process is more challenging than if the driver were the vehicle owner. In this guide, we will answer questions such as, “I was hit by a stolen car, who pays for the damages?” We will also explain the challenges of claiming compensation for a road traffic accident involving a stolen or uninsured vehicle.

If you were hit by a stolen car, an experienced solicitor would understand the complexity of your case. Legal Expert can connect you to a skilled personal injury solicitor to handle your car accident claim. Our solicitors have up to three decades of experience handling compensation claims. What’s more, we can handle your case as a No Win No Fee claim.

Contact us today to begin your car accident compensation claim. Call our claims helpline for free on 0800 073 8804. Or you can email us via our website.

Hit by a stolen car who pays for the damage caused guide

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If You Were Hit By A Stolen Car, Who Pays For The Damage? Find Out In Our Guide

This section examines the question, “I was hit by a stolen car, who pays the damage?” In a typical road traffic accident claim, the driver’s insurer pays the damages. However, if the vehicle is stolen, then there is no such insurer. In these cases, your claim will be made through the Motor Insurers Bureau (MIB). We’ll examine the role of the MIB in more detail later in the guide. 

All road users have a collective duty of care to one another do everything reasonably in their power to avoid causing harm. This means upholding the standards of both the Road Traffic Act 1988 and the Highway Code. It is worth noting that the Highway Code places a greater level of responsibility on those most likely to cause harm, namely the drivers of large vehicles such as HGVs and buses. 

The general eligibility criteria to begin a road accident claim are as follows:

  1. You were owed a duty of care by another road user.
  2. That road user breached this duty. 
  3. This breach caused an accident in which you were injured.

To get a free eligibility assessment of your potential claim for an accident involving a stolen vehicle, contact our advisory team today using the contact details given above.

What Is An Accident Involving A Stolen Car

An accident involving a stolen car is often caused by reckless driving. A car accident can happen if the driver comes off the road or collides with another vehicle. What’s more, a vehicle accident can also take place if the driver hits a pedestrian, a cyclist or another road user.

Road traffic accidents can happen at junctions if a driver pulls out without giving way to the oncoming car. Similarly, a driver can hit a cyclist or motorbike rider at a turning if they fail to use proper observation techniques. In addition, rear-end collisions can happen if the car drives too close to the car in front of it. Rear-end shunts can cause whiplash and other injuries.

How Many Cars Get Stolen In The UK Per Year?

This Office for National Statistics has produced some figures in relation to vehicle crime for England and Wales. From April 2019 to March 2020, 10 incidents of theft and /or damage caused by stolen vehicles costs between £500-£999. Additional 2 incidents for the same category cost between £5000 and £9,999. According to the source below altogether for the UK, there were 74,769 recorded vehicle robberies.

Source: https://www.mirror.co.uk/money/15-cars-most-likely-stolen-23402451

What Is The Motor Insurer’s Bureau?

The Motor Insurer’s Bureau (MIB) is an organisation set up to pay compensation to people who an uninsured driver or untraced driver hit. The MIB was established in 1946, it is funded by insurance premiums.

In the UK, all drivers are legally required to have motor insurance. According to the Motor Insurance Bureau, there are one million uninsured drivers on the roads today. Therefore the MIB compensates, those who have been hit by drivers who do not have insurance cover. A driver who has stolen a car won’t have motor insurance.

Moreover, the Motor Insurance Bureau also offers untraced driver compensation. Whereby car accident victims can claim compensation if an untraced driver has hit them. This type of accident is also known as a hit and run accident. A driver may flee the scene of an accident because the vehicle is stolen, or they are not insured.

If you have been hit by an uninsured driver you may still be able to claim compensation. You can potentially claim compensation from the Motor Insurance Bureau. Trust Legal Expert to handle your compensation claim. Our solicitors can negotiate with the MIB to ensure you receive the right amount of compensation. Contact us today to begin your claim.

Who Is Liable For Stolen Car Accidents?

Being injured in a car accident can be a distressing experience, especially if the accident was caused by the other driver showing little regard for your safety. But if you were hit by a stolen car, this adds a further layer of complexity to the case. If you were hit by a stolen car, who pays for the damage?

Here is where the Motor Insurance Bureau could potentially help. Please collect as much evidence as possible to support your claim.

How Do You Show Who Is Liable?

How is liability established following a car accident? Just because a stolen car or insured vehicle is involved in an accident will not automatically mean they are at fault. The MIB or insurers will still want to find out who is liable for the accident. If you are in a collision with an uninsured driver it does not automatically qualify you for compensation. As if you are liable for the accident the MIB would not pay you out.

Causes of road traffic accidents include the following:

  • The driver didn’t obey the speed limit.
  • Or the driver didn’t observe traffic signals.
  • Or the driver proceeds forward when it is not their right of way.
  • The driver does not give way properly at a junction. Consequently, the driver could pull out into oncoming traffic.
  • On the other hand, a driver does not check their side mirrors before turning. Subsequently, the car could hit a bike or motorbike as they turn.

To claim compensation, you need to show that you did not cause the accident. This evidence can include information from the police report, CCTV footage, dashcam footage and eyewitness statements.

Is Your Claim Affected By Criminal Proceedings?

An individual who has stolen a car has committed a criminal offence. The investigation generally should not prevent you from making a claim through the MIB. However, you would still need to establish liability. If liability was in question, meaning who caused the accident, this may cause a delay while further investigations are undertaken.

Claiming compensation for an accident involving a stolen car can be complicated. A claims advisor can speak to you about claiming compensation for injuries caused by an accident in a stolen car. Please feel free to call our claims helpline to discuss the matter with an advisor.

How Long Do You Have To Make A Claim?

Normally there is a three-year time limit to make a car accident claim. The time limit starts at the time that the accident happened. Or the time limit begins when you realised that you had been injured or your injury was caused through negligence. There are exceptions to this rule especially for cases involving children and those who do not have the mental capabilities to claim for themselves.

If you make a personal injury claim through the Motor Insurance Bureau, the personal injury claims time limit is three years. We recommend that you contact Legal Expert as soon as possible to avoid falling outside of the personal injury claims time limit.

Hit By A Stolen Car Who Pays For The Damage – Calculating Compensation

If you make a successful personal injury claim your settlement can be made up of two Heads of Loss. These are general damages and special damages. This section looks specifically at general damages. General damages are awarded for the pain and suffering caused by the accident. They cover both physical injuries and mental suffering. The figures in the table are for general damages alone. Therefore the next section will look at losses and expenses.

How much compensation can you claim if you were hit by a stolen car? You can use the compensation table below to estimate how much compensation you may be eligible to claim for your injuries.

The compensation payouts in this table are based on guidelines from the Judicial College. This publication is often used by legal professionals in England and Wales to hone in on a value for different kinds of suffering. The figures have been depicted from past cases.

Compensation Table

We need to emphasise that this table has been included to act as guidance only.

Type of InjurySeverityGuideline Compensation Amount
Multiple Very Severe Injuries together with Sigificant Financial LossesVery SevereUp to £500,000 +
Neck InjuriesSevere (a)(i)In the region of £181,020
Moderate (i)£30,500 to £46,970
Other Arm InjuriesSevere (a)£117,360 to £159,770
Back InjurySevere (a)(ii)£90,510 to £107,910
Foot InjuriesSevere (d)£51,220 to £85,460
Modest (g)Up to £16,770
Hand InjuriesSerious (e)£35,390 to £75,550
Less serious (g)£17,640 to £35,390
Wrist InjuriesComplete Loss of Function (a)£58,710 to £73,050

Please be aware that the compensation paid out can vary from case to case, based on individual circumstances. For a personalised quote, please call our claims helpline today to speak to an advisor.

Special Damages Awarded For Stolen Car Accidents

As we said previously a settlement will be made up of damages. General damages are compensation for the pain and suffering the injuries have caused. General damages can include compensation for psychological injuries. Such as compensation for anxiety after a car accident.

Moreover, some claimants also receive special damages. Special damages are compensation to repay you for any out of pocket expenses caused by your injuries. You must provide evidence of special damages. This can include receipts, bills and bank stamens.

Below are some examples of special damages you could claim:

  • Property damage
  • Car repair costs
  • Loss of income
  • Care expenses
  • Medical expenses
  • Mobility equipment costs
  • Home adaptation costs
  • Travel expenses

Hit By A Stolen Car Who Pays Damages – No Win No Fee Claim?

A Conditional Fee Agreement or No Win No Fee agreement is one way to fund the services of your solicitor. When you make a No Win No Fee claim, you will not pay a solicitors fee before work begins on your claim. Rather, the solicitor will give you a Conditional Fee Agreement (CFA) to sign. A Conditional Fee Agreement is an agreement between you and your solicitor. It will state that you will pay a success fee if the claim is won. Therefore, if your solicitor does not win your claim, you will not have to pay a success fee.

There are many reasons why some claimants prefer to hire a solicitor that offers No Win No Fee terms. For example, the financial risk is may be lowered. The financial risk is lower because you will only pay your success fee if your injury claim succeeds. What’s more, the majority of your compensation payout will go directly to you.

In addition, many claimants find No Win No Fee is the more affordable option. No Win No Fee solicitors may be more affordable because your solicitor will deduct your success fee from your compensation payout. So, you don’t have to worry about paying your solicitor before work starts on your claim. To learn more about making a No Win No Fee claim, read our online guide today.

Contact Legal Expert

If a stolen vehicle has injured you, please contact Legal Expert today to begin your compensation claim.

  • Call us on 0800 073 8804 to speak with a legal advisor.
  • Or you can contact us in writing via LegalExpert.co.uk.
  • You also have the option to use our chat widget to speak to us directly.

Useful References

Thank you for reading this guide on, hit by a stolen car, and who pays your damages? You may also wish to read these resources to learn more.

Vehicle safety checks – a guide from THINK!

Information and guidance – Information for victims of road traffic accidents from charity Brake

Check someone’s driving licence information – A government resource

Many thanks for reading our guide to what if you are hit by a stolen car, who pays for the damages?

Pregabalin Wrong Medication Claims Guide

By Stephen Hudson. Last Updated 23rd February 2024. If you are given Pregabalin as wrong medication, negligence may have been the cause. This guide will explain when a claim could be possible in such circumstances. We look at how pharmaceutical mistakes are made, what happens if you take too much of a medication, what the Pregabalin side effects could be, and other factors.

Pregabalin wrong medication claims

Pregabalin wrong medication claims

Read on to learn more about how Pregabalin wrong medication negligence is defined. The requirements for claiming compensation for a prescription error will also be explained. We’ll also discuss what kinds of damages you may be able to claim for and potential payouts for illnesses caused by a prescription error.

If you are looking to start a claim for a medication error, then you can choose to contact a solicitor who can help you. We’ll also talk about the benefits of claiming with a No Win No Fee solicitor within this guide.

If you would like to speak to an advisor about claiming for a medication error involving Pregabalin Milpharm, you can speak to the Legal Expert team. Our advisors can be called on 0800 073 8804. You can also reach them online by using either our contact form or our live chat service.

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What Is A Prescription Error?

Prescription errors are a specific type of clinical negligence that is based on mistakes made when disbanding prescription medication. You might state that:

  • You have taken the wrong amount of medication because the instructions on the bottle were wrong.
  • I have taken too many tablets because there was no clear indication of how many I should take on the packaging.
  • The wrong dosage of medication has been taken because I was given the wrong dosage tablets.

There are many more shapes that clinical negligence involving prescription medication can take, and these include:

  • Being given medication that was meant for another pharmacy customer.
  • Your GP prescribing medication that you have a known allergy to.
  • Being prescribed medication that has a known interaction with another drug you are taking.
  • A pharmacist giving you the wrong medication because it was picked incorrectly by the pharmacy staff.

Potential Issues When Prescribed Pregabalin And How To Claim For Them

Pregabalin is a medication that should only be taken if you’re prescribed it because it’s medically needed. The NHS explains that Pregabalin may be prescribed to treat epilepsy, anxiety or nerve pain.

If you are prescribed this medication by mistake or the pharmacy mixes up your medication or the dosage, it could cause ill health. This is especially true if you are allergic to the ingredients found in Pregabalin.

To make a successful claim if you are affected by a Pregabalin prescription error, negligence must be proven. Also, you must have suffered harm as a consequence.

Could I Make A Pregabalin As Wrong Medication Negligence Claim?

To make a valid claim you will need to prove that the medical professional has failed to meet their duty of care towards you. This can be summed up as:

  1. The medical professional had a duty of care towards you.
  2. This duty of care was breached, and this indirectly or directly lead to the harm you suffered.
  3. If the medical professional had taken alternative action, you would not have been harmed.

Put simply, if a medical professional does something to harm you that was avoidable, then you could be in a position to make a compensation claim. However, suffering side effects from Pregabalin is not a reason to make a compensation claim if the medication was correctly prescribed for you. If you are confused about this, and whether you might have a valid claim, please do feel free to talk to one of our expert advisors for some clarification.

Prescription Mistake Compensation Payouts

The table below uses generic terms to try and show how different severities of illnesses could attract different amounts of compensation. Although the symptoms might not fit your illness exactly, you should be able to make a comparative selection and look up the level of damages you might receive. This table is based on data that is published by the Judicial College in England, as part of its guidelines.

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Health Issue Compensation Notes
Illness (i) £38,430 to £52,500 This would be some form of severe illness, that will require the victim to be hospitalised to treat. Symptoms such as a high fever, dehydration, severe abdominal cramps, etc. would last for some time.
Illness (ii) £9,540 to £19,200 This would be some form of serious illness, with painful and dilapidating symptoms. The victim may require hospitalisation to deal with the medical condition.
Illness (iii) £3,950 to £9,540 This would be some form of moderate illness, food poisoning for example, that would have symptoms such as fatigue, moderate fever, sickness, diarrhoea, etc. The main symptoms would clear up in weeks, with some lingering for a year or two.
Illness (iv) £910 to £3,950 This would be some form of minor illness, with symptoms such as cramps, sickness, impaired bowel function, etc. that would clear up within a few weeks.

You could also try using an online personal injury claims calculator tool to get a rough idea of how much you might be able to claim. These tools and the table above only take in to account one part of the claim. Alternatively, talk to our team to start arranging for a solicitor to value your claim.

Special Damages For Injury Or Illness Caused By Prescription Errors

When you make a successful medical negligence claim, you will either be awarded a settlement in court or offered one out of court, that will be made up of possibly several different types of damages. Firstly, there are general damages, paid to you to make up for all the pain and suffering you had to face. Examples of general damages can be found in the table above. This would include the pain of the illness itself, any trauma caused by treatment, and long-lasting medical conditions that will affect your life. As examples:

  • If you will suffer a long-term impairment.
  • For the pain and suffering your symptoms caused.
  • To make up for the trauma of invasive treatment.
  • New psychological issues such as anxiety or depression.

The flips side of general damages is special damages. These are all paid for non-physical reasons. You may wish to claim for monetary loss. if you do you need to back up your claim with evidence of this loss. Special damages might be claimed for:

  • Loss of lifetime income potential.
  • Loss of wages or salary, partially or in full.
  • The cost of private medical care.
  • Ad-hoc, out of pocket payments.
  • To pay for hiring a nurse or professional carer.

If you talk to one of our team members, they will be able to give you a rough idea of the types of damages you might be able to pursue.

No Win No Fee Pregabalin Wrong Medication Negligence Compensation Claims

If you have strong grounds to make a wrong medication negligence, there are certain ways we could potentially support your claim. We could potentially provide you with an expert medical negligence solicitor to make your clinical negligence claim. Our solicitors work under No Win No Fee agreements. The benefits of this include no fee upfront to pay your solicitor. They will also not expect you to pay them any fees during the time it takes them to process the claim. And if the claim is not successful, and you receive no compensation, then the solicitor usually won’t ask you to pay their legal fees.

If the solicitor does win your claim, a percentage will be taken from the compensation. The fee is limited. If you have any more questions about this legal service, all you have to do is reach out to one of our claim experts on the number below.

Contact Us To Start Your Wrong Prescription Claim Today

Have you been given Pregabalin as wrong medication due to negligence? Did this pharmaceutical mistake lead to you suffering some form of physical harm? In some circumstances, we could be able to provide you with an expert negligence solicitor to process your claim for you. Please contact our claims team on 0800 073 8804. One of our advisors will talk through your possible claim with you and then provide you with some free advice about your legal options.

Pharmaceutical And Medical Claims Resources

You will find some other similar guides on this site, that may be worth reading over, such as:

Medical References

These external links have information that you might find to be useful:

Please note, we’re not medical professionals, nor do we advertise or promote that we are medically qualified in any way. Always see the guidance of a qualified medical professional with regard to your health. The information in the guide is not to be taken as medical advice.

Are Victims Of Revenge Porn Entitled To Make A Compensation Claim?

If you’ve suffered because somebody has posted revenge porn of you online or because you’ve been the victim of upskirting, you may want to know what your options are with regards to being compensated for your suffering. In this guide, we’ll provide more information on these crimes and the legislation that’s been introduced to prevent them. We’ll also look at whether it’s possible to launch a revenge porn claim against the responsible person.

How Victims Of Revenge Porn Could Claim Compensation

Revenge porn claim

Can you make a revenge porn claim?

If you’ve been affected by either upskirting or revenge porn, Legal Expert could help you. We offer a no-obligation assessment of any claim as well as free legal advice on your options.

If you do go on to make a claim, we could provide a solicitor to support you on a No Win No Fee basis.

To discuss your claim right away, please contact us on 0800 073 8804 today. You can also write to us in confidence about your claim online, or chat with us now using our live chat service.

Alternatively, please carry on reading to find out more about how we could support your claim.

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A Guide To Revenge Porn Victim Compensation Claims

In this guide, we’re going to look at acts involving revenge porn and what options are available to victims. We’re going to try and answer some of the most common questions relating to the subject including:

  • What is revenge porn?
  • Is revenge porn illegal?
  • What is upskirting and is it illegal?

It can be tricky to revisit what’s happened and discuss your case with a stranger. However, we believe you’re well within your rights to discuss making a claim if somebody had violated your dignity by posting sexually explicit material without your consent.

There are a number of different laws to protect victims and which could be used to charge somebody for the criminal act of publishing revenge porn. They include the following:

Also, the Voyeurism (Offences) Act 2019 can be used to prosecute somebody who’s guilty of upskirting.

Legal Expert could help you make a claim by providing you with a specialist No Win No Fee solicitor to represent you. They will aim to help you through a very difficult situation and to try and help you claim compensation to aid your recovery. When you’ve finished reading our guide, if you’d like to discuss your options please call a member of our team. They’ll provide a no-obligation assessment of your claim with compassion and in complete confidence.

What Is Revenge Porn?

The term ‘revenge porn’ is a term used to refer to the criminal act of image-based sexual abuse. The act involves sharing sexually explicit content involving another person without their permission to cause them distress or pain.

There are many different ways revenge porn can be shared, online or offline, including:

  • Uploading to the internet.
  • Posting on social media.
  • Sharing by email or text message.
  • Physically showing the content to others.

While anybody can perform the illegal act of image-based sexual abuse, it is often carried out by an ex-partner or somebody you know. It is a violation of privacy and will often cause the victim to feel embarrassed, angry, humiliated or depressed.

Victims are often too embarrassed to report the crime, but we advise that you should report it to the police and remember that you’re not to blame.

What Is Upskirting?

The act of upskirting has gained a lot of public attention over recent months and years. It is a highly intrusive act where someone takes a picture or video under the victim’s clothing without their knowledge to try and capture an image of their underwear, buttocks or genitals.

It can take place in a number of different locations including supermarkets, on escalators and in the street. Because of the nature of the crime, the victim may never find out that they have been violated in such a way unless they capture the criminal in the act or somebody informs them when the content appears online.

How To Stay Safe When Online

Regardless of how safe you feel in a relationship, once somebody else has sexually explicit content such as mobile phone videos of you it’s difficult to control how they use them.

Therefore, here are some tips you could following to try and keep safe online:

  • Always think carefully before sharing or allowing somebody to record sexually explicit content of you. This includes the sharing of content with a partner, online, via a messaging service or in person.
  • Turn your computer or laptop’s webcam off when it’s not in use. You could even cover the camera with a post-it note or something similar.
  • Check the privacy settings on social media sites to ensure any content you share is only seen by those you intend to see it.
  • Don’t give out personal details or contact information online.

How Does Criminal Law Handle Revenge Porn?

Section 33 of the Criminal Justice and Courts Act 2015 sets out that it is illegal to share explicit material such as a private sexual photograph or film if:

  • The individual in the content hasn’t given permission.
  • It is shared with the intention to cause distress.

As well as the new laws designed to prevent revenge porn, similar behaviour could also mean the perpetrator has committed any of the following criminal offences:

  • Harassment or stalking.
  • Sending a communication with intent to cause anxiety or distress.
  • Blackmail (from the Theft Act 1968).
  • Unauthorised computer access.

The police have a duty to investigate any credible allegation that a victim of crime alleges relating to image-based sexual abuse or similar crimes. We’d advise that you report the crime as soon as possible after finding out that it’s taken place. The police should review any evidence you supply and pass the case to the CPS to see if a prosecution is appropriate.

Is Upskirting Against The Law?

Since 12th April 2019, anybody who’s caught in the act of upskirting can be arrested and sent to prison. The criminal offence of upskirting was created in the Voyeurism Act 2019 when it received royal assent in February 2019.

Prosecutors and the police have received new guidance on how they deal with upskirting and offenders can face 2-years in prison and also be placed on the sex offenders register.

What Are the Harmful Effects Of Revenge Porn?

There is no doubt that being the victim of revenge porn can be devastating. Usually, without any prior warning, a victim’s life can be turned upside down. It can have catastrophic consequences causing humiliation and public shame.

The harmful effects of revenge porn can be far-reaching and last a lifetime. Victims could become paranoid, fearful and unable to build relationships with others. It could also mean they:

  • Lose their job or have to leave due to the embarrassment of colleagues seeing the content.
  • Are unable to get jobs because the employer knows of the content.
  • Struggle to maintain family relationships.
  • Fall out with friends.

In some situations, the children of victims could also suffer forms of bullying relating to the content that’s been shared.

If you have been the victim of revenge porn and are struggling, you might find the support services offered by Victim Support or the Samaritans helpful. You can also reach out to us to get advice on making a revenge porn claim.

Could I Launch A Civil Case And Claim As A Victim Of Revenge Porn?

Cases of image-based sexual abuse or revenge porn will usually entitle the victim to bring a civil case for breach of confidence and misuse of private information. Furthermore, claims of copyright infringement and harassment might be possible

Therefore, as well as reporting the crime to police, victims of revenge porn could take legal action to:

  • Make the perpetrator remove any unwanted content and take steps for it not to be republished.
  • Seek compensation and costs from the responsible party.
  • Ask for a public apology.
  • Ensure websites, blogs and social media operators remove the content from their platforms.
  • Ensure search engine providers remove the content from their listings.

The process of taking a civil action against somebody can be tricky and require an understanding of complex laws. Therefore, if you’d like free advice on making a revenge porn claim, please contact an advisor today. They’ll deal with your call in complete confidence and won’t pressure you into taking any steps that you don’t want to.

What Steps Could Victims Of Revenge Porn Take?

If you are the victim of revenge porn, there are a number of steps you should consider. These include:

  • Remain calm – You are likely to feel anguish and panic at the time you find out about what’s happened. Remaining calm may help you deal with things better.
  • Consider informing the police – You may wish to inform the police about what’s happened. A criminal act is likely to have taken place so you should consider letting the police know as soon as possible.
  • Decide whether you should contact the person responsible – Contacting them to demand they remove the content might prejudice any future legal action. They are likely to be difficult to deal with if they’ve already decided to post the content so we’d advise that the police should be the first point of contact.
  • Don’t tell everybody else – You might feel inclined to let everybody else know about what’s happened to shame the person who’s shared the content or to try and find out who’s posted it online. However, you might regret sharing this information later on and it may have an impact on any civil claim you decide to bring. It might be best to confide in one or two of your closest friends who you can trust not to share the information with others.
  • Seek legal advice – If you contact our team of specialist advisors, they’ll assess your possible revenge porn claim for free and explain your options. A solicitor could be appointed to handle your case who could provide further advice on your options.

Revenge Porn Victim Compensation Calculator

When making a revenge porn claim through the Criminal Injuries Compensation Authority (CICA) scheme, the first part will look at psychological and physical injuries. In the CICA tariff of injuries, compensation amounts are assigned to different types of injury. To give you some idea of the amounts involved, we’ve provided the table below instead of a personal injury compensation calculator. As each claim is unique, we advise you to use this information as guidance. For a more personalised compensation estimate, please speak with a member of our team.

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Claim Type CICA Compensation Further Information
Temporary Mental Injury £1,000 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 6-weeks and 28-weeks.
Temporary Mental Injury £2,400 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 28-weeks and 2-years.
Temporary Mental Injury £6,200 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, for between 2-years and 5-years.
Temporary Mental Injury £13,500 A disabling mental injury, which has an adverse effect on the ability to carry out daily activities, lasting more than 5-years but not permanent.
Permanent Mental Injury £19,000 A permanent mental injury, which a confirmed diagnosis from a psychiatrist with is moderately disabling.
Permanent Mental Injury £27,000 A permanent mental injury, with a confirmed diagnosis from a psychiatrist which is severely disabling.

It’s important that your solicitor can supply medical evidence to demonstrate the extent of your suffering. That’s because the amount of compensation awarded is often linked to the severity of the injury or how long the suffering lasted. Therefore, where required as part of the claims process, our solicitors will arrange for a local medical assessment to be carried out. After the assessment, the medical specialist or psychiatrist will prepare a report linking your injuries to the case, explaining what suffering was caused, the impact on your life and whether there will be any long-term suffering.

Special Damages Which Victims Of Revenge Porn Could Claim

The CICA scheme allows you to claim for physical and psychological injuries (which was demonstrated in the previous section) as well as a number of ‘special expenses’. These aim to compensate you for any financial costs incurred as a direct result of your injuries.

When claiming for special expenses through the CICA scheme, you will need to show that the expense was reasonable, necessary and required as a direct result of the crime against you. The CICA will also check that anything you claim for is not available through other schemes like the benefits system or the NHS.

Many of the special expenses available via the CICA are linked to physical injuries but we’ve listed some that could be relevant for the types of psychological injuries caused by revenge porn. For further advice on what you could be entitled to claim for, please let an advisor assess your claim in more detail.

As part of the CICA scheme, you could claim for the following special expenses:

  • Lost Income.
    If you need more than 28-weeks off work while you’re suffering as a result of the crime against you, then you could claim for any loss of earnings. You’ll need evidence to show that you were employed at the time the crime took place or provide work history for the previous 3-years. If you weren’t employed at the time of the crime, you’ll need to provide information as to why that was the case.
  • Home Adaptations.
    Depending on the nature of your suffering, you could be entitled to claim for any home adaptations that make it easier for you to get around. 

Again, because many of the special expenses are linked to physical injuries, our advice is to speak with an advisor to see what you could be entitled to claim for.

No Win No Fee Revenge Porn Victim Compensation Claims

We know that making a personal injury claim can be stressful, especially when it’s related to upskirting or revenge porn. We’re proud to provide the access to justice that you deserve and also to make the claims process less stressful by providing a No Win No Fee service for all claims we take on.

In the first instance, a solicitor will review your claim with you. If they’re happy there’s a chance of success, and you want to continue to make a claim, they’ll prepare a No Win No Fee agreement, also called a Conditional Fee Agreement (CFA).

The main benefits of funding your claim with a CFA are:

  • You won’t have to pay any fees upfront. That allows your claim to begin right away.
  • During the claims process, you won’t have to pay any solicitor’s fees.
  • If your claim fails, the solicitor won’t ask you to pay any fees for their service.

In cases where the solicitor wins compensation for you, they’ll keep a small percentage to cover their costs. This is called a success fee (which is legally capped). It is listed in your CFA right from the start, so you won’t need to worry about any surprises when the claim is settled.

If you’d like us to check whether you’re eligible to claim on a No Win No Fee basis, please contact an advisor today.

Why Choose Our Team To Claim For Revenge Porn Or Upskirting?

We hope that the information you’ve read so far demonstrates how we could help you claim for cases of revenge porn or upskirting. Here’s some more information on how we could help:

  • Our advisors provide free legal advice.
  • You’ll receive a no-obligation assessment of your claim.
  • The claim line is open 24-7 and all calls are handled in confidence.
  • Our team of specialists have been dealing with personal injury claims for over 30-years. Take a look at some of our past reviews.
  • Your solicitor will be available throughout your case to answer your queries or explain any complex legal jargon that crops up.
  • Our solicitors will always try to ensure that you receive the maximum amount of compensation that’s possible in your case.

Please feel free to contact an advisor if there’s any more information you need.

Contact Our Team

Now that you’ve read our guide about making a revenge porn claim, if you’d like to discuss pursuing compensation, there are a number of ways to get in touch.

We understand how difficult it will be to discuss your case with a stranger, so we’ll treat all calls with compassion and in complete confidence. To contact us you can:

  • Call a specialist advisor for free claims advice on 0800 073 8804.
  • Ask for a call back at a time that suits you by completing this online claims form.
  • Send details about what’s happened and you’ve been affected in an email to info@legalexpert.co.uk.
  • Or, you can connect with an online advisor through our live chat facility.

To make contacting us easier, our claims line is open 7-days a week, 24-hours a day. The advisor will assess your claim with you and provide free legal advice on your options. They won’t put any pressure on you to claim but, if there’s a chance of success, could refer your case to one of our specialist personal injury solicitors. Remember that any claim they take on will be handled on a No Win No Fee basis.

Essential References On Making A Revenge Porn Claim

You’ve now reached the end of this guide about claiming compensation after being the victim of revenge porn. To provide you with further support and advice, we’ve linked to some more of our guides and some helpful external information as well. Please contact a member of our team if you require further information.

Upskirting: Know Your Rights – Information on the recent law changes regarding upskirting and what victims can do.

Victim Support – Guidance from Victim Support, a UK charity, about how victims of revenge porn can get support.

Revenge Porn Laws – Advice from the UK government on new laws introduced to tackle the spread of revenge porn.

Below, you can learn more about CICA claims via our other guides:

If you have any more questions about making a revenge porn claim, please get in touch.

Guide by Hambridge

Edited by Billing

£46m Abuse Compensation Paid To Victims Of Lambeth Children’s Homes

This guide is for survivors of the Shirley Oaks children’s home and Lambeth children’s home abuse scandal. This guide contains references to the sexual abuse of children, which some might find disturbing.

Children's home abuse

Children’s home abuse

A scandal has emerged regarding Shirley Oaks children’s home in Croydon and other children’s homes in the London borough of Lambeth. From the 1930s to the early 1990s, children who were residents of these homes experienced shocking sexual, physical and racial abuse. The exact number of children who were abused is still unknown at the time of writing (July 2020), but Shirley Oaks Survivors Association, a group that represents survivors of abuse at Shirley Oaks children’s home, has been contacted by over 1,760 people and estimates that hundreds of other people who have been abused are yet to come forward or will not come forward.

Lambeth Council has formally recognised the abuse in children’s homes that has taken place and has set up Lambeth Children’s Homes Redress Scheme. The purpose of the scheme is to payout compensation to people who have suffered abuse in children’s homes in Lambeth or have been abused by a foster carer in the borough. As of now, £46 million has already been paid out. 

If you are looking for solicitors who are dealing with Lambeth Children’s Homes Redress Scheme, Legal Expert can provide you with a skilled sexual abuse solicitor to handle your claim. Our solicitors are specially trained to deal with sexual abuse claims sensitively and with the care and compassion required. What’s more, they will negotiate on your behalf to ensure you are awarded the maximum amount of compensation you are owed.

Legal Expert offers a free consultation to anyone looking to make a claim for child abuse or sexual abuse. Call us today and one of our advisors will be able to answer any questions you may have. All calls are confidential and our advisors are trained to deal with calls regarding abuse in a caring and professional manner. If we can see that you have legitimate grounds to claim compensation, an experienced sexual abuse lawyer will start working on your claim right away. To begin your claim for children’s home abuse, call us today on 0800 073 8804.

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A Guide To The Lambeth Children’s Home Abuse Scandal

The number of people who have been abused in Lambeth children’s homes is still unknown, but over 1,340 people have been compensated because they suffered abuse in a care home or while in foster care in the borough of Lambeth. A further 620 applications for compensation are still yet to be reviewed. That so many vulnerable children could be abused under the care of their local authority is an absolute disgrace and Lambeth Council acknowledges that many former children’s homes residents “will never be able to forgive us for their childhood experiences”. Physical abuse, sexual abuse or the rape of a child are some of the most unforgivable crimes a person can commit.

At Legal Expert, we understand that no amount of compensation can make up for having your childhood taken away from you due to abuse. However, by making a Lambeth Redress Scheme claim, you will be holding Lambeth Council accountable for their negligence and encouraging other local authorities to take responsibility for the children in their care. If your sexual abuse compensation claim against Lambeth Council is successful, you will be able to use the funds to pay for counselling to help you come to terms with the horrific abuse you experienced and treat any traumatic injuries you are still suffering from. You will also be able to use the compensation you are awarded to improve your quality of life going forward.

Legal Expert can provide you with a Lambeth Redress Scheme solicitor to handle your claim. They will negotiate hard to win you the maximum amount of compensation you are owed. To begin your claim, call us today for your free consultation, or use our online claims form to reach us.

What Is Children’s Home Abuse?

If a child is no longer able to live with their biological parents, they will be taken into the care of their local authority. The child will sometimes be sent to live in a residential care home, also known as a children’s home. In other instances, they may be fostered or adopted. Local authorities have a duty of care towards children in residential care homes, foster care and being placed for adoption. This means that they are legally responsible for the health and safety of children under their care. Should a child be harmed due to negligence, the Local Authority can be held legally liable for any injuries suffered and may have to pay the child compensation. If the child is under 18, a litigation friend can make a claim on the child’s behalf.

Children in care are often very vulnerable, having lost or have been taken away from their biological families. Unfortunately, malicious people always exist who may wish to exploit the power they have over vulnerable people. In the past, paedophiles have regarded working at a care home as a means of getting access to children that they can exploit. Historically, a lack of background checks and safeguarding strategies means that children were not adequately protected from these predators. 

Abuse in a care home can include physical abuse and sexual abuse and such as rape. It can also include emotional abuse, such as making children perform degrading actions or discriminatory treatment such as racism.

Fortunately, in recent years, laws have been passed to better protect children in Local Authority care. The CRB check was introduced in 2002 which allowed employers to conduct background checks on employees that worked with children. This has been replaced with the DBS check in 2013, which allows for more rigorous vetting. The Children Act 2004 also made much-needed updates to the system. Each Local Authority is required to appoint a Director of Children’s Services and a Local Safeguarding Children Board. Anybody that works with children also requires safeguarding to be in place at all times. This means that adults cannot be left alone with children in their care. Despite these advances abuse in children’s homes does still take place.

What Is The Lambeth Children’s Home Abuse Scandal?

The Lambeth children’s home abuse scandal is the uncovering of years of systematic child abuse at Lambeth children’s homes. Much of the abuse happened at Shirley Oaks children’s home, one of the largest children’s homes in the country, as well as other children’s homes in Lambeth.

The extent of abuse that took place was revealed after a survivor’s group, Shirley Oaks Survivors Association (SOSA), was set up to support former residents of Shirley Oaks who were abused there as children. The group was set up by Raymond Stevenson and Lucia Hinton, who are former residents of Shirley Oaks, after Shayne Donnelley, a friend of Stevenson, confided in him in 2014 about the horrific sexual abuse he had suffered when he was a resident of Shirley Oaks. 

Speaking to The Guardian newspaper in June 2020, Donnelley described his abuse as “sexual, physical and racial” and reported that when he “was 12, (he) tried to commit suicide”. His three other siblings also reported abuse and his sister also confessed that she was raped when she was 8 years old by a worker, who told her that her mother would be sent to prison if she told anyone. This incident began a two-year cycle of care home abuse for her.

Since Shirley Oaks Survivors Association was set up, the group has been contacted by over 1,600 people who reported that they have received abuse in children’s homes in Lambeth. The reported abuse took place from the 1930s to the mid-1990s. So far the oldest person to receive compensation from the Lambeth Children’s Homes Redress Scheme is in their 90s. 70% of the survivors who contacted SOSA were abused at Shirley Oaks children’s home. They also received reports from people who were abused at smaller Lambeth children’s homes and in foster care. This led the group to set up Lambeth Children’s Homes Survivors, a group to support people who received abuse at smaller children’s homes.

Source: www.theguardian.com/society/2020/jun/25/survivors-tell-of-abuse-shirley-oaks-childrens-home

Investigations Into The Lambeth Children’s Home

There have been multiple investigations into abuse in children’s homes in Lambeth since the 1970s. The longest-running police enquiry was Operation Middleton which found that over a 20 year period, at least 35 men and women were abused as children at a Lambeth children’s home. Figures provided by the Shirley Oaks Survivors Association and Lambeth Children’s Homes Survivors based on reports and testimonies by survivors suggest that the numbers are actually in their hundreds.

An Independent Inquiry into Child Sex Abuse (IICSA) began on 30 June and is suspected to last for four weeks. Evidence will be given of the hideous abuse that was suffered by children at Shirley Oaks and other Lambeth Council-run children’s homes. Evidence will also be given of paedophiles working in roles at the children’s homes, and using the care system as a means to gain access to vulnerable children. In his opening statement to the inquiry, barrister Iain O’Donnell explained that a paedophile ring “infiltrated” Lambeth’s children’s homes during the 1960s and “continued to prey upon the children for decades”. He added that the authorities knew what was happening, but took measures to cover up the abuse.

Sources:

  • www.bbc.co.uk/news/uk-england-london-53237121
  • www.bbc.co.uk/news/uk-england-london-53221981
  • www.bbc.co.uk/news/topics/cwm184d3v09t/independent-inquiry-into-child-sex-abuse&link_location=live-reporting-story

Whistleblowing Of The Scandal

The Lambeth children’s home abuse scandal has come to light in part because of the brave work that many conducted in whistleblowing the abuse of children. These included a former social worker, a children’s charity worker and disturbingly, a former police officer who claimed that children had been murdered at Shirley Oaks and buried on the grounds.

Lambeth Children’s Home Abuse Statistics

The full extent of the abuse that occurred in Lambeth children’s homes between the 1930s and the 1990s is still not known. However, 1,340 people have been awarded £46m in compensation so far and 620 cases are still to be reviewed. New cases are coming forward daily and there could be hundreds of cases that are yet to come forwards. 

Raymond Stephenson estimates that based on testimonials collected by Shirley Oaks Survivors Association and Lambeth Children’s Homes Survivors, 120 paedophiles used Lambeth children’s homes to abuse children over a period of 60 years. According to Stephens, “the council will have to pay out about £80m in the end. That’s the biggest payout this country has ever seen”.

What Is The Lambeth Children’s Home Redress Scheme?

Lambeth Children’s Homes Redress Scheme has been set up by Lambeth Council to compensate people who have suffered historic children’s home abuse due to failings on the part of Lambeth Council. People who were not abused themselves but lived in children’s homes where abuse was taking place and lived in fear of being abused are also eligible to claim compensation. Even if you suffered abuse that happened several decades ago, you may still be eligible to apply.

We recommend that you appoint a Lambeth redress solicitor to represent your compensation claim. Your sexual abuse solicitor will value your claim correctly. They can investigate your case and present evidence on your behalf. Your solicitor will negotiate with Lambeth Council to ensure that you receive the correct amount of compensation for the psychological and physical injuries you endured as a result of the institutional abuse.

Legal Expert’s solicitors could deal with the Lambeth redress scheme on your behalf. Call Legal Expert today for your free consultation. If we can see that you are owed compensation via the scheme, we will assign a solicitor to start working on your claim as soon as possible. The deadline for making an application to the Lambeth Children’s Homes Redress Scheme for compensation is 1st January 2022, so contact Legal Expert as soon as possible to make sure you don’t miss out.

Lambeth Children’s Homes Compensation Claims Calculator

You can use our sexual abuse claims calculator to estimate how much compensation you could be eligible to claim. Of course, every claim is different so for an accurate estimate of how much compensation you could be owed, call Legal Expert for a quote. If you experienced physical, emotional, or racial abuse, or lived in fear of abuse, we can also help you estimate how much compensation you may be owed.

Given Lambeth Council operated the homes in question, it would be possible to pursue a claim against them directly under personal injury law. Below, we’ve included some potentially relevant injuries and their severities. The figures have been taken from a set of guidelines produced by a legal body known as the Judicial College.

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Injury Severity Value
Post-traumatic stress disorder Less severe £3,710 to £7,680
Post-traumatic stress disorder Moderate £7,680 to £21,730
Post-traumatic stress disorder Severe £56,180 to £94,470
Psychiatric damage Less severe £1,440 to £5,500
Psychiatric damage Moderate £5,500 to £17,900
Psychiatric damage Severe £51,460 to £108,620

It may also be possible to make a claim through the Criminal  Injuries Compensation Authority, which compensates people for any harm inflicted as a result of criminal acts. The awards listed below are based on their tariff of injuries

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Category And Level Of Abuse Comments On This Abuse Standard Damages Paid Out
Minor Sexual Assault – B1 Sexual acts which are non-penetrative sexual and which take place outside your clothes. £1,000
Serious Abuse- B3 Serious abuse of this level could include intermittent instances of being physically abused. The victim may be left with small wounds £2,000
Serious Sexual Assault – B3 More serious forms of abuses than the category (B-1) described above in the table. Acts may haave taken place under any clothing. £2,000
Severe Abuse – B6 Victims may have experienced a pattern of violent acts resulting in some minor levels of disfigurement. £5,000
Severe Abuse – B8 Severe types of abuse but where the abuse has taken place over a period of three years or more. £8,200
Fatal Criminal Injury – B9 Damages for fatal criminal injuries. £11,000

This claims calculators only include general damages, which compensates you for the physical and psychological harm inflicted. It does not include any special damages or special expenses you may be able to claim.

For more information on what you could be able to claim and from who, please get in touch with our team of expert advisers today.

Special Damages Awarded In Child Abuse Claims

If you make a successful claim for child abuse compensation, your payout will include two heads of claim. The first will be general damages which will reimburse you for the pain, suffering and loss of amenity you have experienced as a result of the abuse. You will also be able to claim special damages or special expenses (in a CICA claim), which is reimbursement for any costs you incurred as a result of the abuse. This can include funds to pay for any counselling you may be in need of. 

To find out more about what types of expenses you can claim, please contact our solicitors on the number at the top of this page.

No Win No Fee Children’s Home Abuse Compensation Claims

If you wish to claim for injuries resulting from the Lambeth children’s home abuse scandal, or any other instance of child abuse, Legal Expert can offer you the option to make a No Win No Fee claim. This means that you will not have to pay an upfront solicitors fee, nor any fees while the case progresses. Instead, you will only have to pay us a success fee if we win your claim. A success fee is a small, legally-capped percentage of the compensation you’re awarded. This means there is less financial risk involved for you.

To learn more about the benefits of making a No Win No Fee claim, call Legal Expert today. Alternatively, read our No Win No Fee claims guide.

Why Choose Our Abuse Compensation Solicitors?

If you are looking for solicitors who are dealing with the Lambeth redress scheme or a sexual abuse solicitor, trust Legal Expert to look after your claim. Our solicitors are trained to handle claims regarding any type of abuse or physical violence with the utmost care and sensitivity. We understand that you were done a terrible wrong and will take pride in helping you claim the compensation that you are rightfully owed.

What can Legal Expert offer you?

  • The advice and services of a knowledgeable sexual abuse lawyer.
  • A promise that we will value your claim correctly and push to win you the maximum amount of compensation you are owed.
  • The option to have your claim handled on a No Win No Fee basis.

Talk To Our Team Today

If you are a survivor of sexual abuse or any other type of abuse in a Lambeth children’s home, you may be owed compensation. Contact Legal Expert today to begin your sexual abuse claim or abuse compensation claim. Call us on 0800 073 8804. Alternatively, email us using our online claims form. We’re looking forward to helping you.

Essential References

Foster Care Abuse Compensation Claims – Our guide to claiming compensation for abuse in foster care

Child Abuse Compensation Claims – Our guide to claiming compensation for abuse as a child.

Historical Sexual Abuse Compensation Claims – Our guide to claiming compensation as the victim of historical sexual abuse.

 

 

Guide by Chelache

Edited by Billing

How To Make A Dry Needling Negligence Claim

Last updated 22nd November 2024. Dry needling is a procedure that is similar to acupuncture, where needles are inserted into the body, to ease muscle pain. Have you been injured due to dry needling negligence? Whether the practitioner was at fault, or you were injured due to negligence on the part of the clinic, you may be able to make a clinical negligence claim for compensation.

A dry needle in someone's back.

If you believe that you are owed compensation for injuries caused by dry needling negligence, call Legal Expert today on 0800 073 8804. A personal injury claims advisor will speak to you in depth about your ordeal and if we can see that you have legitimate grounds to claim compensation, we will assign a solicitor to work on your dry needling negligence claim. Alternatively, use our online claims form to reach us.

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A Guide To Making A Dry Needling Negligence Claim

To be eligible to make a dry needling negligence claim, you must demonstrate how you have suffered avoidable harm (harm that should’ve been avoided) because a healthcare provider breached their duty of care.

All healthcare providers owe a duty of care to all patients that they treat. This means that they must always deliver the correct standard of care. As such, this duty of care becomes breached when a healthcare provider delivers a standard of care that falls below the minimum expectations.

So, the dry needling negligence claims eligibility criteria is as follows:

  1. A healthcare provider owed you a duty of care as they were treating you.
  2. The healthcare provider breached this duty by delivering substandard care.
  3. As a result of this breach, you suffered avoidable harm.

Please contact us if you meet each of the above criteria. By discussing your circumstances with our team, they will be able to confirm your claim eligibility.

What Is Dry Needling?

Dry needling (also called intramuscular stimulation) is a procedure that is similar to acupuncture. The procedure involves a practitioner using stainless steel filiform needles and placing them into a person’s body. The needles that are used are short and don’t inject fluid into the body, hence the term dry needling. What is the purpose of dry needling? The needles are placed on trigger points on the patient’s soft tissues or muscles. These are knotted muscles or hard muscles. This can include treatment for muscle pain or fibromyalgia pain. Dry needling for injury treatment, such as sports injuries, is also available. The needle may also be inserted in areas to relieve muscle spasms. It can also be carried out to help improve a patient’s flexibility. Is dry needling painful? Dry needling can be painful, especially if it is used to treat the site of a soft tissue injury.

Is dry needling the same as acupuncture? There are lots of discussions online about the benefits of dry needling vs acupuncture. Acupuncture is an ancient practice which is designed to open up the person’s energy flow (chi) to help relieve pain. There is solid research available, to suggest that acupuncture is effective, whilst dry needling is a relatively new procedure, so there is less research available on how effective it is.

What are the main techniques used in dry needling? There is an in-out insertion technique, also called sparrow pecking or pistoning. The needle does not stay in the skin for very long when this technique is used. In-out insertion techniques are used to target trigger points in the muscles. There is also a non-trigger point technique in which the needles are placed around the point of pain, not directly on it. This practice is based on the idea that the pain is due to a greater issue affecting the surrounding muscles or nerves.

What Are The Benefits Of Dry Needling?

What dry needling benefits do patients enjoy? Dry needling is used to treat muscle pain and stiffness as well as sports injuries and pain experienced by people who suffer from fibromyalgia. People with injuries often find it can improve flexibility and improve their range of motion. This may be helpful if a patient has dry needling on their shoulder or knee.

Because dry needling is a relatively new technique, there is not much research on its effectiveness as a procedure. Some studies show that the treatment has a positive effect relieving mild to moderate pain. Another study showed that dry needling was not more effective for treating muscle pain, than stretching.

Who Can Carry Out Dry Needling In The UK?

In the United Kingdom dry-needling can be carried out by a physiotherapist, massage therapist, chiropractor, osteomyologist, osteopath or a general practitioner. Many bodies offer courses for professionals who are eligible to practice dry-needling in the UK.

Licensing And Regulation

Because dry needling and acupuncture require skin piercing, practitioners will need a Local Authority licence and registration. If you are interested in practicing dry needling, check with your Local Authority to see what the requirements are to get one.

What Are The Risks And Side Effects Of This Treatment

Dry needling involves piercing the skin and inserting needles into the body. Therefore it is important that the person who is carrying out the procedure is properly trained and carries out professional best practices. There are also side effects associated with dry needling as well.

Mild Side Effects

Dry needling can cause these mild side effects: bleeding, bruising and temporary soreness. All of these are to be expected and will usually heal on their own. These are not the only negative side effects a patient can experience. Other mild side effects of dry needling include: dizziness, feeling faint, drowsiness, sweating, nausea, or symptoms becoming aggravated before they improve.

Serious Side Effects

In more extreme cases a patient could experience more significant side effects to dry needling. These can include: bleeding for a long time, vomiting and nausea, headaches, fatigue, a severe dry needling emotional response, gastrointestinal disturbances, fainting, skin irritation and seizures.

As well as more extreme side effects, dry needling negligence can cause the client to become ill. If a dry-needling needle is used that is not sterile, the client could experience a blood borne infection.  If a practitioner uses a needle that has already been used on another patient, this could also lead to the transmission of a blood borne infection. This could include hepatitis or HIV. Another serious injury that can be caused by dry needling negligence is the puncture of a major organ. If you have experienced a serious injury due to clinical negligence whilst undergoing dry needling treatment, we recommend that you visit a hospital Accident & Emergency department (A&E) as soon as possible.

Pneumothorax Caused By Dry Needling

One of the most serious consequences of dry needling negligence is pneumothorax. This occurs when air leaks between the lungs and chest wall. This means that the lungs aren’t fully able to inflate. This can lead to a collapsed lung. The lung can be either completely or partially collapsed. Symptoms of pneumothorax from dry needling include shortness of breath and chest pains.

Pneumothorax could be caused by a penetrating chest or upper back injury, such as needles being inserted wrongly into a patient’s chest during a medical procedure. Immediate symptoms of the condition may include sudden pains in the chest and problems with breathing (such as shortness of breath). In rare instances the condition may be life-threatening.

Fortunately a pneumothorax is rare and treatable. A collapsed lung can be treated by removing the air between the lungs and the chest wall with a syringe, so the lung can inflate. If the collapsed lung injury repeats itself, the pneumothorax can be treated with an operation. If you experience the symptoms of pneumothorax after dry needling, or in any other situation, we recommend you visit a hospital Accident & Emergency department (A&E) for further treatment.

How Much Compensation For A Dry Needling Negligence Claim?

If your claim is successful, your dry needling negligence compensation could potentially be made up of two heads of loss. These are called general and special damages.

General damages (which will definitely be awarded if you are successful) provides compensation for the physical and psychological effects of your avoidable harm. As such, here are some factors that are looked at under this head of loss:

  • Loss of amenity.
  • The severity of your pain.
  • The estimated length of recovery.

Legal professionals can use the Judicial College Guidelines (JCG) to help them evaluate your general damages.

The JCG is a publication containing guideline compensation brackets for different types of physical and psychological harm.

Guideline Compensation Table

In the table below, you will find some types of harm that could potentially be suffered after negligent dry needling. These types of harm, and their accompanying guideline compensation brackets, have been taken from the JCG (except for the top figure).

Please only use this table as a guide. Since all dry needling negligence claims are unique, none of these figures can be guaranteed.

Type of HarmSeverityGuideline Compensation Brackets
Multiple serious types of harm with special damagesSeriousUp to £500,000+
BackSevere (a) (i)£111,150 to £196,450
Severe (a) (ii)£90,510 to £107,910
Moderate (b) (i)£33,880 to £47,320
Chest injury(a)£122,850 to £183,190
(b)£80,240 to £122,850
(c)£38,210 to £66,920
(d)£15,370 to £21,920
(e)£6,500 to £15,370

Special Damages

Special damages (which might possibly be awarded) provides compensation for the financial effects of your avoidable harm. Some types of financial losses you could suffer include:

  • Loss of earnings from taking time off work to recover from your avoidable harm.
  • Prescription costs.
  • Travel expenses for attending medical appointments to treat your avoidable harm.

Since special damages are not awarded in every successful dry needling negligence claim, providing evidence of your financial losses is extremely important. Such evidence can be in the form of payslips, invoices, receipts, and bank statements.

To find out more about how dry needling negligence compensation is calculated, please contact us today.

No Win No Fee Dry Needling Negligence Claims

Legal Expert can give you the option to make a dry needling negligence claim on a no win no fee basis. What does this mean? With a no win no fee claim, there is less risk involved for you the claimant. Instead of paying a solicitors fee upfront, we will charge you a success fee, only on the condition that your solicitor wins your case. Because your fee will be deducted from your compensation package, you don’t have to worry about paying an upfront fee. To learn more about making a no win no fee claim, read our online guide. Alternatively, call us today to speak to an advisor. If you have legitimate grounds to claim compensation, we will provide you with a clinical negligence solicitor to handle your claim.

How We Could Help You Claim For Negligent Medical Practices

If you have been injured, made ill, or had your pre-existing medical condition worsened due to medical negligence, trust Legal Expert to handle your compensation claim. We can value your clinical negligence claim based on your medical records and your solicitor will push to win you the maximum amount of compensation you are owed. Our panel of solicitors have up to thirty years of experience, so your claim is bound to be in safe hands.

Start A Dry Needling Claim

To begin your dry needling compensation claim, contact Legal Expert today for your free consultation. You can call us on 0800 073 8804 or you can use our online claims form to reach us. If we can see that you have legitimate grounds to make a compensation claim, a solicitor will start working on your case as soon as possible.

Resources And Claims Guides

In addition to the resources provided through this guide, below we have included recommended resources and guides from our own site as well as trusted external resources.

Medical Negligence Claims – How Much Compensation Can I Claim? – Learn more about making a compensation claim for medical negligence in this guide.

Acupuncture Claims Guide – How To Claim? How Much Compensation Can I Claim? – Acupuncture and dry needling are similar but different procedures. Learn more about the errors which could be made in acupuncture and when you could claim compensation.

How Much Compensation Can I Claim For Misdiagnosis? – Check how much compensation you could be owed if your medical condition has been misdiagnosed.

External Links

These external resources include further information relating to both dry needling and lung injuries which could be caused by the procedure if improperly performed.

A British Lung Foundation Guide To Pneumothorax – In this British Lung Foundation guide you can find out more about what pneumothorax is.

Dry Needling – Information From The NHS

Further Medical Negligence Articles

Written By Cheleche

Edited By Melissa.

Novitas Motorcycle Insurance Compensation Claims Guide

If you’ve been injured in an accident with a motorcycle, there’s a chance that their policy has been brokered by Novitas insurance. Although the other person involved in the accident might give details of another insurance company, this guide is going to explain how you could claim against an insurer provided by Novitas for injuries sustained in an accident caused by one of their policyholders. We’ll look at what types of accidents could happen, what underwriters do and when you could be eligible to claim. We’ll also look at how much insurance you could be paid.

Novitas motorcycle insurance accident claims guide

Legal Expert is a specialist in helping people bring personal injury claims. We provide a no-obligation assessment of any claim and free legal advice too. If your claim is strong enough, you could be referred to one of our specialist solicitors. They work on a No Win No Fee basis for all claims that they handle.

To begin your claim today, please call 0800 073 8804 right away. Alternatively, please continue reading to find out more about when you could make a claim.

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A Guide To Novitas Motorcycle Insurance Claims

Novitas is a specialist motorcycle insurance agency. They aren’t an insurance company but are an agent of a number of leading UK insurers.  As well as brokering motorbikes policies they also offer quad bike insurance.

As a result, if you’re involved in an accident, the rider involved might not mention Novitas as they won’t have purchased the insurance from them directly. In reality, that should not matter as your solicitor will handle the claim on your behalf and ensure it’s directed at the right company.

When you go through this guide, you’ll find out about the types of injury you could claim for, such as a motorcycle head injury, what evidence you need to support your claim and what you can include in your claim. We’ll also provide advice on what insurance companies consider when handling claims and how a personal injury solicitor could help you receive a fair compensation settlement.

Our advice regarding legal support is that you begin as soon as possible. That’s because there is a personal injury claims time limit. In general, this is 3-years from the date of the accident. While that sounds like a long time, your solicitor will need to perform a number of tasks such as evidence gathering, arranging medical assessments and preparing the claim. Therefore, the sooner you can begin, the better.

Our team of specialist solicitors has 30 years’ experience handling claims for injuries sustained in road traffic accidents. They’ll provide you with regular updates regarding the claim and handle all communications on your behalf.

When you’ve completed our guide, if you’d like any further information, please call a member of our team. They’ll answer any questions you may have and could help you begin your claim once you’re ready to do so.

What Are Claims Against Novitas Motorcycle Insurance Policies?

The type of claim you might make against a policy that’s been brokered by Novitas insurance include accidents involving:

  • Motorbikes or motorcycles.
  • Quad bikes.
  • Scooters or mopeds.
  • Couriers or food delivery motorcyclists.

Essentially, you could claim for any type of road traffic accident, in which you were injured, where the policyholder was negligent and responsible for the accident.

If you’re unsure whether you’re eligible to claim, please speak with an advisor. Once they’ve assessed your claim, for free, they’ll let you know whether you could be compensated.

When Could I Make A Motorcycle Insurance Claim?

So, if you’ve been involved in an accident involving a motorcycle, what could you claim compensation for? Here are some examples:

  • Damage to your own vehicle. This could be a car, van, moped, scooter or motorcycle, amongst others.
  • Any injuries you’ve sustained as a result of the accident. You could also claim if you had an existing injury which was made worse by the accident.
  • Specific injuries related to road traffic accidents, such as whiplash or concussion.

When you’re offered a motorcycle injury settlement from an insurer, it’s important that it covers all of your injuries and financial losses. That’s because, once you’ve settled a claim, you can’t go back and ask for more compensation later. That’s why having a specialist solicitor on your side can really help. Their experience should mean they check everything with you prior to submitting a claim. They’ll look at your initial injuries and losses, but they’ll also use medical specialists to determine whether there could be any long-term suffering that you might need to claim for.

What Are Insurance Underwriters?

As already mentioned, Novitas is not an insurance company, but an underwriting agency working for many of the large UK insurers.  An underwriter’s job is to evaluate the risk of insuring a motorcyclist to work out if it’s profitable for an insurance company to provide a policy. Once the level of risk has been identified, the underwriter will set a price (or premium) that the customer will pay in exchange for the insurer taking on the risk.

In some cases, an insurer may use their own underwriters to determine the premiums a customer will pay. However, in the case of an underwriting agency, the insurer will authorise the agency to set the price and issue the policy to the customer.

Insurance brokers can try to obtain different prices for their customers by asking multiple underwriters for their best price to provide the cover. In general, once a policy has been provided, all administration of their policy, such as claims handling, will be performed by the insurer’s staff and not the underwriter.

What Insurance Companies Consider Before Settling A Claim

If you’re claiming against your own insurance policy following an accident (something we don’t usually advise you to do), then your insurer will consider a number of things before settling. These can include:

  • Whether you were named on the insurance policy.
  • If you were riding to work without business cover on your insurance. You might be covered for social, domestic and pleasure, including commuting, but if you weren’t riding to your usual place of work, you may not be covered.
  • Where parents have purchased bike insurance for their child’s bike because it’s cheaper, the child won’t be covered if they were not named on the policy.
  • If the motorbike has been modified but the insurance company were not informed, then the policy might be invalidated.

Some of the reasons listed above are often listed as assumptions when you sign an insurance policy. While the insurer might not check them at the time you sign up for the policy, they could do when settling a claim. Therefore, you should ensure all of the assumptions are correct at the time of purchase to ensure you’re fully covered.

What Should I Think About Before Accepting An Offer?

Something you should bear in mind before agreeing to settle an insurance claim is that insurers will be acting in their best interest and not yours. This means that any offer they make to you directly could be less than you’d receive if you claimed via a solicitor. While it might be desirable to settle the claim early, you might be missing out on compensation that you could come to rely on later.

Before accepting any offer from an insurance company, here are some of the things you should consider:

  • You’re under no obligation to accept any offer presented to you. Remember it could be lower than what you’d have been offered when using a solicitor or through the courts.
  • If you’ve suffered any injuries, ensure you seek medical advice before accepting an offer. A medical assessment could identify long-term problems that you may need additional compensation for.
  • There’s no need to accept an offer quickly. As mentioned earlier, there’s a 3-year time limit for settling compensation claims.
  • If you’re asked to sign anything by the insurer, make sure you understand what you’re signing for.
  • There’s no obligation to use a solicitor suggested by your insurer. You can appoint your own at any point during the claims process.

Remember, insurers will consider their own company’s interests before yours. That means, they’ll try to settle for as little as possible but that might mean you miss out on the compensation you need to help you later on.

When To Approach A Solicitor About Your Case

We believe that you’re more likely to receive a fair settlement from an insurer if you have a specialist solicitor representing you. Our personal injury solicitors can:

  • Review your case to make sure it’s viable.
  • Arrange a medical assessment with a local medical specialist so that your injuries are fully understood.
  • Help you to make sure all aspects of your claim are considered before your claim is submitted.
  • Handle all communications and try to counter any arguments that the insurer makes to try and ensure you receive the right level of compensation.

As our solicitors will be thorough when preparing your claim, it might take a little longer than if you claimed directly. However, they’ll act as swiftly as possible and the additional time taken could make a big difference to the amount of compensation you receive.

Please get in touch as soon as possible to discuss your claim and to start the claims process.

Information And Evidence To Provide Your Solicitor

When you make any type of motorcycle injury claim, you’ll need evidence to support your claim. It will need to show what happened, who was to blame and the injuries that you suffered. Therefore, if you’re involved in an accident, you could:

  • Photograph the scene of the accident before any vehicles are moved if it is safe to do so.
  • Gather details from any witnesses.
  • Locate any CCTV footage or dashcam footage that captured the accident.
  • Request copies of medical records from your GP or the hospital that treated you.
  • Photograph any visible injuries.

Medical records are a key part of your claim. They can help to prove the exact nature of your injuries and any treatment you underwent. So, even though taking the steps above might seem time-consuming, they could really help make the claim easier.

If you need any advice regarding the evidence you’ve collected, please ask a member of our team.

Making A Motorcycle Accident Personal Injury Claim

To make a claim for a motorbike accident, you’ll need to prove that:

  • You were owed a duty of care by the defendant. All road users have a duty of care to protect others, so this is almost always true.
  • That the defendant breached their duty of care in some way and caused an accident to occur.
  • That you were injured in that accident.

You could claim against a rider whose policy has been obtained through Novitas motorcycle insurance if they caused an accident with you and you were a car driver or passenger, pedestrian, cyclist, motorcyclist or any other type of road user who was injured.

In some cases, the defendant will be solely responsible for the accident and you’ll receive compensation accordingly. However, you could also claim if you were partly to blame. In these cases, known as split-liability, your solicitor and the defendant’s insurance company will agree how much you were to blame. For instance, they might decide on a 75:25 per cent split. The claim would continue as normal, but you’d receive 25% less compensation when it is settled.

Motorcycle Injury Compensation Claims Calculator

Now that we’ve reviewed why you could claim compensation against an insurer provided by Novitas motorcycle insurance, we’re going to look at the amount of compensation you could receive. The table below has been provided instead of a personal injury claims calculator which can be difficult to use. The figures show how much compensation could be paid for specific injuries. They’re based on a set of guidelines produced by a legal organisation known as the Judicial College. Because there are so many different injuries that could be sustained, this list isn’t comprehensive. Please call and speak with us to discuss your claim for a more accurate compensation estimate.

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Type of Claim Severity Compensation Further Details
Neck Injury Severe £42,680 to £52,540 Where an injury causes a dislocation or fracture (or severe damage to soft tissues) that lead to a significant and permanent disability.
Neck Injury Minor £4,080 to £7,410 Soft tissue damage to the neck where fully recover occurs, without surgery, between one to two years.
Back Injury Moderate £26,050 to £36,390 Examples in this category include crush or compression fractures of the lumbar vertebrae causing a substantial risk of osteoarthritis.
Back Injury Minor Up to £7,410 Where a soft tissue injury takes between 3-months and 2-years to recover without surgery.
Shoulder Serious £11,980 to £18,020 A dislocate shoulder with damage to the lower part of the brachial plexus which causes neck and shoulder pain.
Wrist Fracture In the region of £6,970 This category covers injuries like an uncomplicated Colles’ fracture.
Hip Moderate £24,950 to £36,770 A hip injury deemed significant but where any permanent disability is not major.
Leg Less Serious £16,860 to £26,050 Serious soft tissue injuries or fractures where an incomplete recovery is made leaving disabilities like a limp or defective gait.

As every claim is compensated based on how severe any injuries are, it is paramount that your personal injury solicitor can prove the true extent of your injuries. Otherwise, you might receive less compensation than you should. As part of the personal injury claims process, our solicitors can arrange for you to see a medical specialist local to your area. They will assess you, ask various questions, and review your injuries. Then they’ll prepare a report which details how you were injured, what suffering was caused, and if there will be any long-term suffering.

Could I Claim Compensation For Costs And Losses?

As part of your motorcycle accident claim, your solicitor is able to claim for two heads of loss: general damages and special damages. In the previous section, the compensation table provides examples of payments made to cover general damages. These are designed to cover any loss of amenity as well as pain and suffering.

Special damages are designed to compensate you for any financial losses linked to your accident. When making a Novitas motorcycle insurance claim, your solicitor could ask for:

  • Medical Expenses.
    Even though you’ll probably receive treatment on the NHS, the cost of prescriptions, over the counter medicines and other treatments could soon add up. Therefore, you could claim these costs back.
  • Care Costs.
    In cases where you require support while you’re recovering, you could claim back any care expenses. For instance, if a friend or family member looked after you, an hourly rate for their time could be calculated and claimed back. Also, you could ask for any professional carer’s fees to be included too.
  • Travelling Costs.
    During your recovery, you might need to visit a GP, pharmacy or hospital on multiple occasions. This means you could be entitled to claim for fuel, parking and other travel-related expenses.
  • Lost Income.
    Where your motorbike injury means you need time off work for medical appointments or to recover, you could claim back any lost earnings. For instance, if your employer only pays statutory sick pay, you could claim back the difference between SSP and your normal income.
  • Damaged Property.
    If any item of personal property is damaged in the accident, you could ask for the cost of repairing or replacing it. This might include clothing, jewellery or your mobile phone.

Please try to keep receipts, bank statements and payslips to help prove your special damages claim.

No Win No Fee Motorcycle Accident Damages Claims

One of the biggest worries when considering a personal injury claim is the cost of hiring a legal team. To reduce your financial risk and to give you the confidence to seek compensation, our specialist solicitors work on a No Win No Fee basis.

A claim begins with an assessment of the case by your solicitor. Should they agree your claim has merit, they’ll provide you with a No Win No Fee agreement (also known as a Conditional Fee Agreement or CFA) to sign.

The CFA is important because it makes it clear that:

  • There are no upfront fees required for the case to begin.
  • You don’t have to pay any fees during the claim.
  • If the case is lost, you won’t have to pay the solicitor’s fees.

When a case is won, the solicitor can ask for a small contribution towards their costs known as a success fee. Don’t worry about this too much though as they’re legally capped. The success fee, which is a percentage of your compensation deducted at the end of the claim, is listed in the CFA so there won’t be any surprises at the end of the process.

To find out if you can claim compensation using our No Win No Fee service, please contact an advisor today.

Talk To Our Team

If you’d like to discuss making a claim against a policy brokered by Novitas motorcycle insurance, then we’d love to help you. Here are our contact details:

  • You can call and speak directly to a specialist advisor on 0800 073 8804
  • You can send details of your claim by email to info@legalexpert.co.uk.
  • We provide a live chat service so that you can discuss your claim with an online advisor.
  • Or, finally, you could ask for a call back by completing this online claims form.

When you contact us, an advisor will begin by reviewing your claim with you. They’ll look at what happened, how you were injured and any supporting evidence you can supply. If your claim seems viable, they’ll connect you with a specialist personal injury solicitor. If they agree to help with your claim, it’ll be on a No Win No Fee basis. Call today to find out whether we could help you claim any compensation you might be entitled to.

Essential References

This is the final section of this guide about claiming against a policy brokered by Novitas motorcycle insurance. We hope you’ve found the information useful and informative. To provide further assistance, we’ve provided some additional guides and relevant links below.

Motorcycle Highway Code – Sections 83 to 88 of The Highway Code aimed specifically at motorcyclists.

Concussion Guide – Information from the NHS about what to do if you suspect you’ve been concussed.

ROSPA – The Royal Society for the Prevention of Accidents is a UK based charity.

You can also learn more about motorcycle accident claims below:

 

Written by Hambridge

Edited by Billing

LV Motorcycle Insurance Compensation Claims Guide – Motorcycle Accident Insurance Personal Injury Claims Against LV Insurance

How To Make An LV= Motorcycle Insurance Claim

In this online guide, we are going to explain the legal process of making LV= Motorcycle Insurance claims. We will cover bikers who are insured by LV= and suffer some kind of motorcycle injury in a motorbike accident. And also any road user who is injured in an accident that was caused, at least partially, by a motorcyclist that is insured by LV=.

LV=-motorcycle-insurance accident claims guideIf you have any questions that are specific to your own claim and that this guide does not answer, call our claims team today on 0800 073 8804. One of our claim advisors will be able to give you the answers that you need and also help to get your claim underway as simply as possible.

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A Guide To LV= Motorcycle Insurance Claims

This online guide to making a compensation claim against LV= Motorbike Insurance is aimed squarely at educating people about why they may have valid grounds to make a claim and the process of getting such a claim underway. If you have been involved in a motorcycle accident, either as a motorcyclist or another road user injured by a motorcyclist, then this guide will provide you with enough information to approach your claim from a position of understanding and to make informed decisions.

We will begin this guide by looking at what an LV= claim is, as well as the kind of insurance products the firm provides. We will cover both motorcyclists insured by LV= and also third-party road users that are involved in an accident caused by an LV=-insured biker.

The next part of this guide looks at several legal considerations when claiming, and these are:

  • Specific circumstances that could lead to a claim.
  • LV= Insurance and underwriting.
  • How to deal with a claim if your insurer disputes it.
  • Whether you should take an initial pre-medical out of court settlement offer or not.
  • Why a solicitor can generally help to get you’re a higher compensation settlement that accepting an out of court offer yourself.
  • A list of the kinds of information a solicitor will need to begin processing your claim for you.
  • A brief look at the eligibility criteria for making a compensation claim.

The latter section of the guide is dedicated to information on the financial considerations attached to claiming. You will find a useful table that might help you to work out the level of compensation you could expect to receive if you make a claim, followed by a list of some of the more common kinds of damages you may claim for. We provide information about what a No Win No Fee claim is, and why for many people this is the ideal vehicle for bringing a claim. We finally offer some advice on how to get your claim started.

If at any point you have a query about making an LV= Insurance claim that this guide does not answer, or you are ready for a personal injury lawyer to begin working on a claim for you, then please contact our claims team on the phone number near the end of this page. An expert claim advisor will talk through our claims process with you and provide you with any additional assistance you may need.

What Is A LV= Motorcycle Insurance Claim?

LV= offers motorbike insurance cover and a certificate of motor insurance to motorcyclists as specialised products. These include multi-bike, low mileage, vintage and moped insurance. These policies can be claimed against in the case of a motorbike injury in certain situations. There are two different types of entities that could claim against LV=, and these are:

  1. Motorcyclists who are insured by LV, and need to make a claim against their own insurance. This could be because their bike has been stolen or damaged in some way, and the perpetrator is unknown. It could also include split liability claims when the biker shares responsibility for the accident with one or more third parties.
  2. Any road user that is injured in an accident that has been caused by a person insured by LV=. The injured party would claim damages against the insurance policy provided to the rider by LV=.

If you are unsure whether you may be eligible to make a compensation claim or not, then please speak to one of our claim advisors. They can evaluate your claim for you and let you know.

Circumstances In Which People Claim Against LV= Motorcycle Insurance

In this section, we are going to take a look at some of the kinds of circumstances that could lead to a person being in a position to make a claim against LV= Motorcycle Insurance. This includes.

  • Damage to a motor vehicle that has been caused by the actions of a rider insured by LV=.
  • Personal injuries that have been caused by an accident that a rider insured by LV= was responsible for.
  • Damage to a motorcycle that is insured by LV=, for which no responsibility can be attributed, so a split liability claim must be made.
  • Personal injuries suffered by a rider who is insured by LV=, for which no responsibility can be attributed, and so again a split liability claim must be made.
  • For theft of a motorcycle insured by LV=.
  • For damage caused to a motorcycle insured by LV=, for which the perpetrator cannot be identified.

These are the main claim criteria, but there could be others. If you speak to one of our claim advisors and explain your situation to them, they will let you know whether you might have a valid basis for a claim or not.

Do LV= Insurance Use Underwriters Or Brokers?

LV Motorcycle Insurance acts as its own underwriter for the majority of its insurance products, and this includes motorcycle insurance. What this means is that LV= is responsible for the entire end-to-end claims process and will not need to defer to the decisions of a third-party underwriter. This could potentially streamline the claims process for claimants.

If you need more information relating to the role of an underwriter in a personal injury claim, please speak to a member of our claims team today.

What Happens If Insurance Companies Dispute A Claim?

Does LV= do motorcycle insurance? Yes, the firm offers a number of specialised motorcycle insurance products. When you take out an LV= motorbike insurance policy, you are then insured to ride the motorcycle or motorcycles the policy covers. You may then be able to make a claim against your own policy in certain situations. Also, third-parties that suffer harm or loss in an accident that was your fault can claim against your insurer.

However, LV= may refute a claim for some reason, telling the claimant that they do not accept liability and will not be paying compensation. In this situation, you are going to need legal help to build your case and prove the claim is in fact valid. We can help with this; speak to one of our claim advisors to learn how.

Should I Directly Deal With My Insurance Company And Take The First Offer?

One of the first steps in making a personal injury claim against LV= is informing the firm that an accident has taken place. When you do this, you may receive communication from the company offering free legal help to make a claim or offering a pre-medical out of court settlement.

You should think long and hard about accepting such an offer. It will not have taken into consideration your injuries, the prognosis of your recovery, and any long-term or permanent impairment that you will be left with. In many cases, a higher settlement would likely be agreed if the initial pre-medical offer is turned down. If you want some advice about this, such as finding out if an out of court settlement is fair, or whether it is advisable to move on to a court decision, please speak to one of our advisors.

Could A Solicitor Help Secure A Higher Payout?

As we mentioned in the previous section, using a personal injury solicitor to process a claim for you could result in you receiving a higher level of compensation. A lawyer can help you to prepare for your claim in a way that will show the full extent of the harm and loss you have suffered. They will value your claim for you and advise you on a suitable amount of compensation you should be prepared to accept. If no out of court settlement is agreed, your lawyer will represent you in court when your claim is brought forward for a court to decide upon. Overall, using a solicitor to help you make your claim will result in a higher level of compensation being won.

What Information Do Solicitors Need To Help You Claim?

When preparing to make a personal injury claim, there are a number of things that a claimant can provide to their solicitor to help support their claim, and to streamline the process of making it. This could include:

  • Details of all road users and vehicles involved in the accident.
  • Details of your own vehicle and insurance.
  • Any photographic evidence that you took at the scene of the accident.
  • The police incident number if the police attended the scene of the accident.
  • Contact details for any witnesses to the incident who could be called upon to give a testimony or provide a witness statement at a later stage if needed.

For more advice on how you can best prepare for making a claim in a way that will support your solicitor, please speak to our claims team and one of our expert advisors can help you with this.

Could I Make A Motorcycle Accident Compensation Claim?

For you to be in a position to make a compensation claim, several factors will need to be true, for example:

  • You will need to begin your claim within the personal injury claims time limit.
  • You must be able to prove that a third party was responsible for the harm or loss you suffered unless you intend to make a split liability claim.
  • You must have suffered either physical harm of loss that would have been avoided had the accident took place.
  • You must be over the age of 18, otherwise, a third party such as a parent or guardian will need to act as your litigation friend.

These are some of the precursors to making a claim. If you need clarification of this, then please call our claims team, they can help you further.

Motorcycle Accident Compensation Claims Calculator

This table has been based on guidelines published by a legal body known as the Judicial College. You may be able to use it to work out how much compensation you could receive.

Edit
Injury Severity Notes Compensation
Injured hand Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. Also, any injury that has been partially treated using surgery. This might be deep lacerations or puncture wounds, etc. £5,260 to £12,460
Injured arm Moderate or minor We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. Also, any injury that has been partially treated using surgery. As an example, a medical condition such as tennis elbow could fit into this category. Up to £11,820
Injured back Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. As examples, a compression or crush fracture of the back vertebrae, that results in significant discomfort and leaves the victim prone to other conditions such as osteoporosis sometime in the future. Disc surgery might be required, or treatment such as spinal fusion. £26,050 to £36,390
Injured neck Minor Soft tissue injuries which resolve within 3 months. Up to £2,300
Injured foot Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. As an example, a displaced metatarsal fracture that leaves the victim unable to wear normal shows, and affects their gait. £12,900 to £23,460
Injured leg Moderate We would include, in this category, all moderate injuries that would heal fully in time, but may result in a long-term or permanent impairment, that is non-intrusive in nature. However, employment status may be affected. As examples, fractures or soft tissue injuries to one leg, with a risk of an imperfect union, requiring surgery to correct. £26,050 to £36,790
Injured head/brain Moderate We would include, in this category, all head or brain injuries that result in sight, speech or hearing being affected, some loss of cognitive ability, or impaired memory function. Work prospects would be low. £40,410 to £205,580

You might also be able to find a personal injury claims calculator to get a rough estimate of your claim. However, if you want a more accurate indication of the level of damages you might receive, our team can arrange for a solicitor to value your claim for you. Simply give them a call.

Special Damages Motorcycle Accident Victims Could Claim

If your claim is a success, you will be awarded an overall settlement that comprises a number of different kinds of damages, broadly split into general damages and special damages.

General damages cover physical and psychological harm. They are calculated based on criteria such as the level of suffering the victim underwent, the kinds of treatment they received, and any long-term effects of their injuries. For example:

  • Permanent disability or impairment.
  • Invasive or traumatic treatment.
  • Psychological damage.
  • Stress and trauma.
  • General pain and suffering.

Special damages are paid to compensate for monetary or other non-physical losses. If the claimant intends to claim for costs already incurred, they must submit documentary evidence of these losses. Special damages might include:

  • The costs of private medical treatment.
  • Lost income from missing work.
  • Impacted ability to earn a living in the future.
  • Detrimentally impacted quality of life.
  • Out of pocket expenses.
  • Costs associated with care at home.

If you would like to know what kinds of damages might apply in your own situation, please call our claims team and speak to a claim advisor. They will evaluate your claim for you and let you know.

No Win No Fee Claims For Motorcycle Accidents

When you use the services of a No Win No Fee solicitor, you will have secured the legal help you need to pursue a claim whilst mitigating some of the financial risks traditionally faced when making a claim.

You won’t pay a new claims fee, or any fees while the claim is processed by the lawyer. If the claim fails, the solicitor won’t expect to be paid any fees they have accrued. If the claim is won though, the solicitor may ask to be paid a modest success fee, that has a legal cap. This can be deducted from any compensation payment the solicitor has received for you.

For more information about how No Win No Fee claims work, please reach out to our claims team on the number below, and one of our expert advisors will go over things with you. They can also tell you whether you have a potentially valid claim or not at this stage.

Start Your Claim

Do you believe that you have just cause to make an LV= Insurance compensation claim? Or perhaps you need some pre-claim help and advice? Even if you only want some general information about the claims process, we are happy to provide it. Indeed, no matter what kind of assistance you need, we are here to help you. Just speak to our claims team on 0800 073 8804. One of our advisors will talk you through our claims process, and provide all the help you need to get your claim underway. Our panel of personal injury solicitors has over 30-years of experience helping claimants, and contacting our claims team is the first step in gaining access to all of this expertise to help you make your claim.

Essential References

You might like to check out these external links, they could be useful:

Facts About Motorcycle Casualties

British Motorcycle Foundation Information About Safety

UK Road Accident Statistics

We have published several other guides you might find of use:

No Win, No Fee Traffic Accident Claims

Claiming For An Injury As A Pillion Passenger On A Motorcycle

How To Claim If Injured By A Drunk Driver

Written by Wheeler

Edited by Billing

Europa Group Motorcycle Insurance Compensation Claims Guide

If you’ve been injured in a motorcycle accident and the at-fault party was insured with Europa Group insurance, you may be considering making a Europa Group motorcycle insurance claim. If so, this guide could offer valuable information on making such claims. Included in the sections below is information on what could constitute a motorcycle injury claim, how you could go about making a claim, and how much compensation you could look to receive for your injuries. If you would like expert advice and support with your claim, please do not hesitate to call the Legal Expert team on 0800 073 8804.

Select A Section

A Guide To Europa Group Motorcycle Insurance Claims

Europa Group motorcycle insurance accident claims guide

Many motorcycle insurance comparison sites include policies that are underwritten by Europa Group motorcycle insurance. This means when you make a claim against either your own or someone else’s motorbike insurer, they could be financially responsible for making the payout.

Whatever type of motorbike accident you’ve been in, if it wasn’t your fault, you could be eligible to make a Europa Group motorcycle insurance claim if the at-fault party’s insurance was underwritten by the Europa Group. This guide offers information about making such claims and offers insights into the compensation you could receive for injuries sustained in a motorcycle accident. We also look at what insurers and underwriters consider when assessing these types of claims and why it could be beneficial for claimants to consider taking legal advice before accepting an offer of compensation.

What Are Motorcycle Accident Insurance Claims?

If you’ve been injured in a motorcycle accident, you could make a claim against the at-fault party’s insurance company. According to ROSPA, 19,297 motorcyclists suffered injuries in road traffic accidents in 2016, with 319 of these sadly passing away because of their injuries. While fatalities only make up 3% of the casualties in these statistics, they provide a clear picture of how serious these accidents could be.

Whether you have suffered minor injuries or severe, life-changing injuries due to the fault of someone else on the road, you could be in a position to claim compensation for the pain and suffering you’ve experienced, as well as the financial expenses incurred due to your injuries. Most claims would be made against the at-fault party’s insurance company, but you could also have the option to claim compensation through the Motor Insurer’s Bureau if the person at fault for the accident was not insured or was untraceable.

When Victims Of Accidents Could Make An Insurance Claim

There are a variety of scenarios as to how victims of accidents could make insurance claims. A claim could be made against your own policy if:

  • You damaged your vehicle and it was your fault
  • You had fully comprehensive insurance and an at-fault party that caused your injuries was not insured
  • Someone else was injured on your motorbike as a passenger and you caused the accident

You would claim against someone else’s Europa Group motorcycle insurance policy if:

  • The other party was at fault, and damage was caused to your vehicle
  • The other party was at fault and you suffered a motorbike injury
  • The other party was at fault and your passenger suffered an injury (the passenger would launch their own claim in these cases)

What Is A Motorcycle Insurance Underwriter?

A motorcycle insurance underwriter is, essentially, a company that accepts financial responsibility to cover the potential losses incurred by its clients. Underwriters are the companies that assess applications for insurance to determine whether or not to accept them. They determine the terms, costs and conditions of insurance policies.

How Insurance Companies And Underwriters Assess Motorcycle Insurance Claims

Before agreeing to motorcycle personal injury settlements, an underwriter or insurer may consider the following:

  • The site of the accident – If an insurance policy covered accidents solely on public roads, and your accident happened on a pathway or driveway, they could refuse your claim.
  • The accident report – The police report could be studied to see if any fault could be attributed to you for the motorbike accident.
  • The date you launch your claim – In most cases, there is a limit to how long you would have to make a claim. In many cases, this would be three years from the accident date. However, some exceptions may occur.
  • The medical evidence – if you have suffered a motorcycle ankle injury, for example, the insurer might ask for evidence that the injury is as bad as you have reported it to be.

Should your Europa Group motorcycle insurance claim be refused or disputed, a personal injury lawyer may be able to fight against this decision, if it was made unfairly.

Considerations To Make Before Accepting An Insurance Companies Offer

Have you received an offer from an insurance company and are considering taking the offer as it means your motorcycle injury claim would be completed quickly? If so, it may be wise to think carefully before you take the first offer you receive.

Some insurance companies try to save money and time by making what are known as pre-medical offers. These are offers of compensation that mean your medical evidence would not be taken into account. While taking a pre-med offer may mean your motorcycle accident claim is settled quickly, you may not be getting as much compensation as you deserve for your injuries.

Some injuries, such as whiplash, for example, may, at first, seem minor, but if they go on for some time, they could require treatment and turn into long term conditions, such as chronic pain. Others, such as a motorcycle groin injury, for example, may result in impotence in extreme cases. Taking a pre-med offer could preclude you from making further claims if this turns out to be the case, so it would be wise to wait until your medical condition could be properly assessed to ascertain how much compensation could be appropriate for your claim.  However, it would be best not to wait for too long, as your case could be time-barred if you do not claim within the relevant time limit. This is why contacting a personal injury solicitor to help you with a claim could be beneficial.

When Solicitors Could Help You To Make A Motorcycle Insurance Claim

While it could be possible for you to make a compensation claim without the assistance of a lawyer, we would highly recommend you consider using a specialist solicitor if you are intending to make a Europa Group motorcycle insurance claim.

A solicitor takes on the leg work of building a strong case. They do so by collecting evidence and arranging for you to see an independent medical expert to corroborate your injuries and provide medical evidence that could help achieve the maximum compensation possible for your case. Not only this, but they could also assess any settlement offer you receive and check it could be appropriate for your injuries. If they feel an offer is too low and they could fight for more compensation, this could avoid you accepting a low offer when you could have achieved more for your claim.

Do I Have To Go To Court?

If you’re considering using a solicitor for your motorcycle accident claim but fear that this may mean you would have to go to court, this might not be the case. While a solicitor could issue protective proceedings if you are getting close to the personal injury claims time limit for your case, this would not necessarily result in you needing to attend court. Most personal injury claims are settled out of court, but even if you did have to go to court, your solicitor would be able to support you in doing so.

Information Solicitors Need To Help You Make A Claim

Various pieces of information could help to strengthen your claim. Providing such information could mean your solicitor has all that they need to fight for the maximum compensation achievable for your Europa Group motorcycle insurance claim. Useful information could include:

  • Your own statement of the facts surrounding the case
  • Your own statement regarding your injuries and how they affected you
  • Your medical notes (If you have requested them. If not, your solicitor could request these on your behalf)
  • Any witness details (to corroborate your statement)
  • A sketch of the scene of the accident, with positions of vehicles
  • Photographs of the scene
  • Proof of any financial expenses relating to your injuries

Check If You Could Claim Compensation?

If you’re looking to make a Europa Group motorcycle insurance claim, but are not sure whether you could be eligible, you could contact our team for advice and support. We could provide an eligibility check for free to clarify your position and could help you begin a claim for compensation by providing you with an experienced solicitor.

There are a variety of road users that could claim compensation for a motorcycle accident. These may include:

  • Pedestrians
  • Passengers on motorbikes
  • Riders of a motorbike
  • Drivers of other vehicles
  • Passengers of other vehicles
  • Other road users

I Was Partially To Blame For a Motorcycle Accident – Could I Still Claim?

If you were completely at fault for a motorcycle accident that caused you to suffer injuries, you would not be able to claim compensation for your injuries, as it would be your own fault that you’d sustained injuries. However, if you were partly to blame, but another road user was also at fault, you could still be in a position to claim compensation. This type of claim would be called a split liability claim. Your compensation would likely be reduced to reflect your involvement, but you could still be in a position to claim compensation for a motorcycle injury sustained in this type of accident.

The Other Driver Was Not Insured Or Could Not Be Traced – Could I Still Claim

If the other driver was not insured or did not stop at the scene of the accident, you may be able to claim through the Motor Insurer’s Bureau. This is an organisation that helps compensate victims who have suffered an injury due to an accident caused by an uninsured or untraceable driver. We could provide you with a solicitor to help with these kinds of claims.

Compensation Calculator For Motorcycle Accident Claims

If you wanted to get some idea of how much compensation might be appropriate for your Europa Group motorcycle insurance claim, you might have searched for a personal injury claims calculator to give you this information. We should mention, however, that the figures generated from this type of calculator would only be able to offer you a very rough guide of how much you could receive. Every personal injury claim would be assessed on its unique circumstances and facts. It would take into account the medical evidence provided when you attend an independent medical assessment, which you would be required to do as part of your claim. At this assessment, your medical notes would be analysed, and you would be examined, and the report would give details of your motorbike injury and your prognosis. This report would go some way towards valuing your claim.

We do understand that many claimants may want to get an idea of how much compensation their claim could bring them. To help with this, we have created a table below to illustrate the Judicial College’s Guidelines (JCG) for injuries that we believe could relate to a motorcycle accident claim. The JCG is a legal publication that could be used by the court and by your lawyer to arrive at an appropriate value for your claim. If your motorcycle injury cannot be found in the table, please get in touch with our team, as we could provide further information over the phone.

Edit
Type of Injury JC Guideline Payout Amount Remarks
Severe ankle Injury £29,380 to £46,980 Injured parties may have had to have a lengthy course of treatment and could have required a long period where the leg was in plaster or required pins/plates to fix. Despite this lengthy treatment, there would still be a severe limitation on their ability to walk. There may also be a high risk of osteoarthritis.
Modest ankle injury Up to £12,900 Less serious ligamentous tears and fractures.
Severe Hip Injury £36,770 to £49,270 Many of the severe hip injuries that could be sustained could fall into this bracket. Some could include fracture of the acetabulum, which could lead to degenerative changes, as well as a requirement for future hip replacement.
Lesser hip injury or pelvic injury Up to £3,710 Soft tissue injuries with a full recovery.
Moderate brain damage £85,150 to £140,870 Cases where the injured party suffers a modest to moderate deficit to their intellect, and where their ability to work is removed or greatly reduced. There could be some risk of developing epilepsy.
Moderate brain damage £40,410 to £85,150 The injured party’s memory and concentration would be affected and their ability to work reduced. There could be a small risk of developing epilepsy, but only limited dependence on others.
Moderate neck injury £12,900 to £23,460 Pain, stiffness and discomfort could feature here, and injuries would usually involve soft tissue damage or a wrenching injury that could lead to cervical spondylosis, for example.

Could I Claim Damages For Lost Income Or Expenses?

While you might already be aware that you could claim compensation for the suffering and pain caused by your motorcycle injury, you may not be aware that you could also claim compensation to cover the financial expenses caused by your injuries. The expenses you could claim for could include:

  • Care costs – if someone had to help you with toileting, dressing or meal preparation, for example, because your motorcycle injury to the hip or another part of the body meant you couldn’t do these things yourself, care costs could be recovered in a Europa Group motorcycle insurance claim.
  • Medical costs – if your injuries meant you needed to pay for prescriptions, physiotherapy or other treatments, you could recover these costs as special damages within your claim.
  • Travel costs – if you paid to travel to see your lawyer, or to attend medical appointments, these costs could also be included as special damages.
  • Loss of wages – did your injuries mean you had to take time off work to recover? If so, your lost wages could be recovered within your motorbike accident claim. If your injuries were so severe that you weren’t able to return to work in the future, future losses could also be included within your claim.

If you have incurred a cost not mentioned here, our advisors could clarify whether it could be included within your claim. We should, however, mention that you would need to have proof of expenses in order to include them within your claim. Payslips, bank statements and receipts could be vital in ensuring you are able to claim for the expenses you’ve incurred.

No Win No Fee Motorbike Injury Claims

We highly recommend using the services of a personal injury solicitor when looking to claim compensation. Not only could a lawyer take the stress out of building a case for compensation, but they could also assist with analysing any compensation offer you receive to see whether it could be appropriate for you to take the offer or fight for more compensation.

Using the services of a personal injury lawyer does not have to mean that you would have to pay them upfront either. If you make a claim under a No Win No Fee agreement, or Conditional Fee Agreement, you would not need to pay your lawyer until your claim was settled. The agreement would promise your lawyer a success fee if they successfully negotiated a compensation settlement for you. This success fee is legally capped and would be discussed with you before you signed the agreement. If your solicitor was not able to secure a settlement for you, you wouldn’t have to pay the success fee or their costs in pursuing your claim.

If you have any questions about making a Europa Group motorcycle insurance claim under such terms, please do call our team. Not only could we answer any questions you might have about No Win No Fee claims, but we could also connect you with a lawyer who could work on your case on this basis.

Talk To Us About Your Claim

If you’re ready to talk about starting a Europa Group motorcycle insurance claim and would like our help to find an appropriate lawyer, or you have further questions about your eligibility to claim or about the claims process, you can contact us in any of the ways below.

We are available now to help you. Why not get in touch with our expert advisors today?

Essential References

You can also learn more about motorcycle accident claims below:

 

Written by Jeffries

Edited by Billing